damages in eu public procurement law studies in european economic law and regulation

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Damages In Eu Public Procurement Law

Author : Hanna Schebesta
ISBN : 9783319236124
Genre : Law
File Size : 45. 33 MB
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The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

Using Transparency Against Corruption In Public Procurement

Author : Irena Georgieva
ISBN : 9783319513041
Genre : Law
File Size : 85. 39 MB
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This book examines corruption in public procurement in three Member States of the EU, reviewing their different approaches to combating corruption, and the extent to which the transparency principle is applied in their procurement systems. The focus of the work is on the contrast between the unsuccessful procurement legislation of a relatively young Member State (Bulgaria) and its attempt to curb corruption by expanding the scope of application of the transparency principle, and two examples of procurement systems where corruption is limited adequately, without an excess of information procedural requirements (Germany and Austria). The book scrutinizes the transparency rules, procurement participants, and responsible institutions in the award of procurements in these countries. It discusses in detail the types of infringements involving corruption as well as their link to infringements of the transparency principle. It compares and examines the systems of control and appeal against a contracting authority's actions within the various legislative schemes, and highlights the legislative weaknesses which fail to reduce corruption. The comparative analysis between the Bulgarian public procurement system and the German and Austrian systems is carried out through detailed research not only with regard to adherence to the transparency principle, but also to the use of other mechanisms to limit corruption, insofar as these solutions are appropriate and could be adapted in other countries currently lacking sufficient anti-corruption measures.

Public And Private Enforcement Of Competition Law In Europe

Author : Kai Hüschelrath
ISBN : 9783662439753
Genre : Business & Economics
File Size : 65. 99 MB
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Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

Eu Public Procurement Law

Author : Christopher Bovis
ISBN : 9781847205254
Genre : Political Science
File Size : 49. 68 MB
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This book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance. Ruth Nielsen, Copenhagen Business School, Denmark EU Public Procurement Law addresses one of the most important areas of European integration. With a magnitude approaching 1 trillion euros in supplies, works and services and representing almost 12 percent of the European Union s GDP, public procurement regulation represents a key objective of the vision of the European Union in becoming the most competitive economy in the world by 2010. In this book, Christopher Bovis offers a clear and lucid assessment of the new public procurement legal framework and its interplay with policy within the European Union and the member states. The new regime is based on three principles: simplification, modernization and flexibility, and the book considers the new directives which are intended to simplify and modernize a regulatory regime that aims to gradually establish a public market in the European Union. The book exposes the instrumental role of the European Court of Justice in shaping many of the newly introduced concepts in public procurement regulation. Finally, the author provides for the most comprehensive taxonomy and codification of case law on public procurement. This comprehensive overview of enforcement and compliance of public procurement at European and national levels will be of great interest to academic researchers and lawyers within the EU, USA, Canada and other continents. It will also appeal to postgraduate students in law, policy, and management, judges at the European Court of Justice and national courts, and policy makers at European, international and national levels.

Enforcement Of The Eu Public Procurement Rules

Author : Steen Treumer
ISBN : 8757423288
Genre : Law
File Size : 89. 34 MB
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The field of EU public procurement law is one of the few fields of EU law where a very developed enforcement regime is in place. Furthermore, recent legislation and practice from the European Court of Justice ensures an even higher level of effectiveness. This book focuses on the national enforcement of the EU public procurement rules (as enforcement mainly takes place at national level) and the recent changes introduced with Remedies Directive 2007/66 which are important but also unclear on substantial points. The new remedy ineffectiveness of concluded contracts will be given particular attention. Enforcement at the supranational level is also considered, with emphasis on the possible interaction between national and supranational enforcement of the rules.

The Consistent Application Of Eu Competition Law

Author : Adriana Almășan
ISBN : 9783319473826
Genre : Law
File Size : 20. 34 MB
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In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

Public Procurement And The Eu Competition Rules

Author : Albert Sánchez Graells
ISBN : 9781509900282
Genre : Law
File Size : 58. 37 MB
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Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Competitive Dialogue In Eu Procurement

Author : Sue Arrowsmith
ISBN : 9781139561006
Genre : Law
File Size : 78. 81 MB
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Competitive dialogue is a procedure introduced into the EU procurement system in 2004 to provide an improved method for awarding complex contracts, such as those for public infrastructure and major IT systems. This book provides a critical examination of the legal rules on this new procedure, focusing in particular on grey areas such as availability of the procedure and the scope for negotiations after 'final tenders'. It considers both the EU-level rules and the way in which those rules have been applied in national systems. The examination draws on extensive evidence of the way in which the procedure has been operated and interpreted across Europe, including from several studies commissioned specifically for this volume. It also includes an extensive chapter co-authored by the volume editors which provides a thorough analysis of the EU-level rules, a comparative reflection on national experiences and significant critical commentary and recommendations.

European Economic Law

Author : Alberto Santa Maria
ISBN : 9789041125361
Genre : Law
File Size : 38. 28 MB
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Given the enormous changes clearly evident in the history of the last twelve years, it is not surprising that this second edition of a well-known book - first published in 1996 as EC Commercial Law - is completely new, from its structure and content to its very title, now European Economic Law. The new title emphasizes the complex legal regime affecting undertakings in Europe today, open to the whole world and subject as they are to ever-new situations governed by rules derived from both the EC Treaty and from WTO/GATT obligations. Professor Santa Maria's book, especially in this second edition, presents a thoroughgoing legal analysis of the prominence of corporate and business enterprises in what many theorists see as the intrinsic 'internationality' of social activity in the current era. In the course of its intensive discussion, the book brilliantly disentangles the complex interrelations among a vast array of economic factors, including the following: the impact of globalization on financial markets and the fundamental role of the States in international economy; double system (Euro and non-Euro zone) and resulting distortions of competition; the lack of political power of the European Monetary System; international dispute settlement within the WTO; European safeguard measures with regard to (e.g.) the People's Republic of China; circumvention of antidumping duties; advantages lawfully acquired by, and unlawful conduct of, multinational enterprises; transfer pricing in intragroup transactions; international cooperation in the supervision of banking groups; 'SAR' (suspicious activity reporting); and 'corporate social responsibility' and 'codes of conduct.' The analysis recognizes the propelling role of the European Court of Justice in the development of European economic law - including the 'proportional' exercise of control in the court's recent case-law - as well as the Commission's responsibility for 'managing' European trade. European Economic Law stands out from other books on the subject in its unremitting emphasis on rules introduced on the basis of multilateral agreements of an unprecedented reach, within which both States and undertakings are made to recognize and to deal with one another. This is a perspective daunting in its scope and breadth, but one which Professor Santa Maria encompasses in a synthesizing and enlightening way that will be of immeasurable value to all parties with an interest - academic, juridical, or administrative - in this very important area of law.

The Agreement On The European Economic Area Eea

Author : Th鈋r醗se·Blanchet
ISBN : 0198258844
Genre : Law
File Size : 40. 31 MB
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The EEA Agreement extends the internal market with its four freedoms: free movement of goods, persons, services and capital, as well as some horizontal and flanking policies, to the EFTA countries. The Agreement could also serve as a multilateral framework for preparing Central and Eastern European countries in the process of becoming full members of the European Union This book gives readers an in-depth and practical understanding of the EEA rules governing the free movement of goods, namely: product coverage and rules of origin, technical barriers to trade, intellectual property, product liability, public procurement, competition, and state aids. These are all areas of crucial importance to economic operators throughout Europe. A chapter is also devoted to the situation in Switzerland after its decision not to ratify the Agreement.

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