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Optimizing Public Interests through Competitive Tendering: Concept, Context and Challenges

Optimizing Public Interests through Competitive Tendering: Concept, Context and Challenges

Author: Chris Jansen; Frank van Ommeren; Johan Wolswinkel; Sue Arrowsmith
Publisher: Cambridge University Press
ISBN: 9781009443777
Published In: April 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Governments are increasingly trying to achieve a variety of public interests through competitive tendering of public contracts, authorisations, subsidies as well as public assets. Over the past decades, domestic and EU law has developed for these 'limited rights' at different speed and is extremely fragmented: there is no coherent legal framework.

This book provides information on the legal aspects of competitive allocation of all types of limited rights on the basis of an overarching perspective. It explains the impact of the legal framework on the ability of governments to achieve the public interests they pursue through competitive tendering. The book is relevant for domestic and EU public authorities, legislators, courts of law, as well as academics. It discusses and connects in a consistent manner, legal questions arising in the framework of competitive allocation of public contracts, authorisations, subsidies and public assets.

Features expert knowledge and legal information on the competitive allocation of four types of limited rights: public contracts, authorisations, subsidies, and public assets
Can be used to help answer legal questions arising in the framework of a particular type of limited rights
Explains the impact of the legal framework regarding competitive allocation on the ability of governments to achieve a variety of public interests

1. Optimizing public interests through competitive tendering: connecting limited rights,Johan Wolswinkel, Chris Jansen and Frank van Ommeren

Part I. Characterising Limited Rights:

2. Public procurement, Sue Arrowsmith

3. Licensing, Ferdinand Wollenschläger

4. Subsidising, Jacobine van den Brink

5. Government sales and privatisations, Roberto Caranta and Benedetta Biancardi

Part II. Connecting Limited Rights:

6. Limited rights: scope of application, Steven van Garsse and Ilenia Vandorpe

7. Balancing public interests through limitation, allocation and execution of limited rights, Johan Wolswinkel

8. European Union law and granting limited rights to provide services of general interest: what role for national law?, Johan van de Gronden

9. The transparent allocation of limited rights: what types of transparency promote public interests?, Anoeska Buijze

10. Regulating competitive tendering of limited rights: principle-based, rule-based, and integrated approaches, Chris Jansen, Rianne Jacobs and Frank van Ommeren.