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Discretion in EU Public Procurement Law

Discretion in EU Public Procurement Law

Name: Discretion in EU Public Procurement Law
Brand: Hart Publishing
SKU: 9781509946136
Price: 567.32 HKD
Availability: InStock
Author: Sanja Bogojevic; Xavier Groussot; Jörgen Hettne
ISBN: 9781509946136

Edited by Sanja Bogojevic · Xavier Groussot · Jörgen Hettne

Hart Publishing December 2020

Specifications

ISBN-13: 9781509946136
Publisher: Hart Publishing
Publication: December 2020
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.

PART I. INTRODUCTION

1. The 'Age of Discretion': Understanding the Scope and Limits of Discretion in EU Public Procurement Law

Sanja Bogojevic, Xavier Groussot and Jörgen Hettne

PART II. DISCRETION IN EU INTERNAL MARKET LAWS

2. EU Law on Public Procurement: Internal Market Law Made Better

Stephen Weatherill

3. The Drivers and Boundaries of Discretion in the Award of Public Contracts

Christopher H. Bovis

4. Some Reflections on the 'Artificial Narrowing of Competition' as a Check on Executive Discretion in Public Procurement

Albert Sanchez-Graells

5. The Obligation of Transparency in EU Public Procurement Law

Angelica Ericsson and Xavier Groussot

PART III. DISCRETION IN PURSUING STRATEGIC GOALS UNDER THE EU PUBLIC PROCUREMENT REGIME

6. Contracting Authorities and Strategic Goals of Public Procurement – A Relationship Defined by Discretion?

Marta Andhov

7. Public Procurement and European Standards: Fair Competition or Limits to Discretion?

Jörgen Hettne

8. Mapping Public Procurement and Environmental Law Intersections in Discretionary Space

Sanja Bogojevic

PART IV. DISCRETION IN PUBLIC PROCUREMENT REGIMES BEYOND THE EU

9. Discretion, Divergence, Paradox: Public and Private Supply Chain Standards on Human Rights

Claire Methven O'Brien and Olga Martin-Ortega

10. EU and US Discretion in Public Procurement Law: The Role of Eco-Labels and Life-Cycle Costing

Jason J. Czarnezki

11. Regulating Procurement by European Research Infrastructure Consortia (ERICs) and the Exemption for International Organisations

Ohad Graber-Soudry

PART V. LOOKING AHEAD

12. Looking Ahead: A 'New Age' of Proportionality?

Sanja Bogojevic, Xavier Groussot and Jörgen Hettne

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Table of Contents

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