procurement of utilities law and practice

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Procurement Of Utilities

Author : Matthew Collinson
ISBN : 0199695962
Genre : Law
File Size : 66. 29 MB
Format : PDF, Kindle
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This new work explains the legal and other factors influencing a utility's commercial thinking or practical approach to a project, and provides guidance to non-regulatory lawyers on how to leverage the regulatory framework to their clients' advantage.

Uk Procurement Law

Author : Michael Bowsher
ISBN : 1849461449
Genre : Law
File Size : 61. 16 MB
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Procurement law has become a key area of professional practice in the United Kingdom as authorities and utilities are held to account to a complex web of legislative rules, judicial principles and "soft law". The authors, members of Monckton Chambers, have extensive day-to-day experience in this field dealing both with the operation of the procurement process and the regulatory and judicial routes for challenging procurement procedures. The book covers the current state of law and practice in the field of procurement law. Particular focus is placed on the procedural content of procurement law challenges and separate focus is given to the position in Scotland and Northern Ireland where local law issues often shape the impact of procurement law. Previous textbooks have taken the legislation as their starting point but in this book the authors demonstrate that an approach to procurement law may be taken in which the key obligations are those imposed by general principles. The real enforcement challenge involves establishing clear rules based on these principles, often in the context of intense judicial scrutiny, in which the procedural demands of the procurement and the courts shape the law.

Eu Public Procurement Law

Author : Sune Troels Poulsen
ISBN : 8757422788
Genre : Law
File Size : 90. 77 MB
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This book contains an analysis of the EU procurement directives for the Public Sector and for the Utilities Sectors. The analyses are primarily based on judgments of the Court of Justice of the EU and Danish case law. The rules of the procurement directives are directly applicable to Danish law and the several hundred Danish cases on the procurement directives largely amplify the analyses of the individual rules of the procurement directives. With this in mind, the authors have found it relevant to translate the book into English in order to present the analyses and the Danish case law available to a broader audience.

Eu Public Procurement Law

Author : Christopher Bovis
ISBN : 9780857938428
Genre : Political Science
File Size : 75. 56 MB
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ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis 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.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.

Construction And Procurement Law

Author : Mark L. Macaulay
ISBN : IND:30000082428289
Genre : Building laws
File Size : 63. 40 MB
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This publication is a practical and comprehensive work on the law relating to the construction industry in Scotland, with a focus on collateral warranties and litigious aspects of construction work. Construction law is an expanding area of work for many firms, particularly for those involved in commercial property work, and this text aims to provide a valuable source of reference for all those whose remit is in this area of the law.

European Public Procurement

Author : Jan M. Hebly
ISBN : 9789041125583
Genre : Law
File Size : 33. 92 MB
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Directive 2004/17/EC governs the rules, provisions, and procedures entailed in public procurement contracts awarded by EU Member States in the water, energy, transport, and postal services sectors. In the course of the eight-year (1996-2004) gestation period of an EC public procurement policy that would meet the challenges of a globalised economy, it became clear that these utilities required a legislative framework distinct from the general coordination of award procedures that finally emerged as Directive 2004/18/EC. This book on the 'Utilities' Directive 2004/17/EC is a companion to an earlier volume on the legislative history of Directive 2004/18/EC. This new volume gathers in one place all the relevant documents that led to the adoption of the Utilities Directive. In great detail this legislative history reveals such crucial elements and outcomes as the following: ports and airports as transport hubs of solid fuels; treatment of relevant WTO Agreements; confidentiality and security; works and service concessions; resale and leasing provisions; competition; communication of technical specifications; tax. environmental, and labour obligations; time limits; and design contests. Introducing the book are excerpts that give a general picture of the reasons that led to the intention to replace the earlier procurement directive for the utilities sectors (93/38/EEC). Then follow excerpts that give an insight into the drafting of the recitals in the Preamble, the articles, and the annexes. The book concludes with a chronological overview of the legislative documents associated with Directive 2004/17/EC and a Keyword Index. Along with its companion volume on Directive 2004/18/EC, this important book will be a powerful resource for lawyers and policymakers engaged in the practice and development of European procurement law. It will also provide both practitioners and researchers working in the area of European procurement law with an incomparable desktop reference on the Utilities Directive.

Public Procurement Law

Author : Duncan Fairgrieve
ISBN : 9781847318473
Genre : Law
File Size : 43. 84 MB
Format : PDF, ePub
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Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.

Eu Public Contract Law

Author : Roberto Caranta
ISBN : 9782802741671
Genre : Law
File Size : 41. 95 MB
Format : PDF
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This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.

Transatlantic Defence Procurement

Author : Luke R. A. Butler
ISBN : 9781108138642
Genre : Law
File Size : 25. 98 MB
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This volume constitutes the first ever attempt to establish a basis for comparative research on defence procurement regulation. For decades there has been repeated emphasis on the extent to which barriers to trade in Europe and the US prevent a more competitive defence market. Transatlantic Defence Procurement offers the first analysis of the potential impact of defence procurement regulation itself as a barrier to trade between the US and the EU. Part I examines the external dimension of a new EU Defence Procurement Directive, focusing on its implications for third countries, in particular the US. Part II examines foreign access and treatment under US law. Part III maps a future research agenda that is essential for a more systematic understanding of legal barriers to transatlantic defence trade. The book provides context for future initiatives, ranging from reformed market access arrangements to a Defence Transatlantic Trade and Investment Partnership and beyond.

Public Procurement And Multilateral Development Banks

Author : Sope Williams-Elegbe
ISBN : 9781509912933
Genre : Law
File Size : 58. 14 MB
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The multilateral development banks cumulatively channel billions of dollars annually in development assistance to borrower countries. This finance is usually spent through processes that incorporate the public procurement regulations of the banks and it is often a condition of this finance that the funds must be spent using the procurement regulations of the lender institution. This book examines the issues and challenges raised by procurement regulation in the multilateral development banks. The book examines the history of procurement regulation in the banks; the tripartite relationship created between the banks, borrowers and contractors in funded procurements; the procurement documents and procurement cycle; as well as how the banks ensure competition and value for money in funded procurements. The book also examines the banks' approach to sustainability concerns in public procurement such as environmental, social or industrial concerns; as well as how the banks address the issue of corruption and fraud in funded contracts. Another issue that is addressed by this book is how the banks have implemented the aid effectiveness agenda. It will be seen that the development banks have undertaken steps to harmonise their policies and practices, increased borrower procurement capacity, taken steps to reduce the tying of aid, and play an important role in the reform of borrower procurement systems, all in an effort to improve the effectiveness of development finance. The book also considers the contractual and other remedies that are available to parties that may be aggrieved as a result of a funded procurement. The book analyses, compares and contrasts the legal, practical and institutional approaches to procurement regulation in the World Bank, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank and the European Bank for Reconstruction and Development. The book analyses, compares and contrasts the legal, practical and institutional approaches to procurement regulation in the World Bank, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank and the European Bank for Reconstruction and Development.

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