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Competitive Dialogue in EU Procurement

Competitive Dialogue in EU Procurement

Author: Professor Sue Arrowsmith
Publisher: Cambridge University Press
ISBN: 9781107023833
Published In: August 2012
Format: Hardback , 566 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

• Makes recommendations for interpreting and developing the EU's legal rules on competitive dialogue, thereby enabling those involved in developing law and policy to make more informed decisions

• Examines the practical experience of those EU Member States who have already used competitive dialogue in interpreting and operating the new procedure. EU Member States can therefore learn lessons from the practical experiences of others which may be relevant for their own procurement systems

• Provides a comparative perspective on the way that the EU's legal rules on competitive dialogue are treated in different EU Member States, both in law and in procurement practice

Part I. Competitive Dialogue in the EU:

1. Competitive dialogue in EU law: a critical review Sue Arrowsmith and Steen Treumer;

2. An analysis of use of competitive dialogue in the EU Sylvia de Mars and Richard Craven;

Part II. Competitive Dialogue in Selected Member States of the EU:

3. Competitive dialogue in the United Kingdom Sue Arrowsmith and Richard Craven;

4. Competitive dialogue in France Sylvia de Mars and Frederique Olivier;

5. Competitive dialogue in Germany Martin Burgi; 6. Competitive dialogue in Denmark Steen Treumer;

7. Competitive dialogue in Portugal Pedro Telles;

8. Competitive dialogue in Spain Pedro Telles;

9. Competitive dialogue in Poland Anna Gorzynska;

10. Competitive dialogue in Lithuania Deividas Solvickias;

11. Competitive dialogue in Italy Gabriella Racca and Dario Casalini;