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Reforming EU Public Procurement: Proposals for the Reform of Directive 2014/24/EU

New Arrival Reforming EU Public Procurement: Proposals for the Reform of Directive 2014/24/EU

Reforming EU Public Procurement: Proposals for the Reform of Directive 2014/24/EU

Author: Kirsi-Maria Halonen; Willem Janssen; François Lichère
Publisher: Edward Elgar Publishing
ISBN: 9781035368266
Published In: April 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,560.00

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Contents

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This innovative book explores potential amendments to the Classic EU Procurement Directive (2014/24/EU), building on the existing debate surrounding the reform of this instrument. Each chapter contains in-depth analysis on the most important and timely legal discussions in the field of procurement law and puts forward concrete ideas for ongoing reforms.

Expert contributors introduce and discuss potential reforms, examining notions that reflect on the directive’s scope. Chapters focus on the importance of improving and fostering competition, highlighting the instrumental use of public procurement competition rules and analyzing the expansion of the rules on contract performance. In addition, the book explores emerging issues such as greening the EU, climate change and social injustice, among other key topics. Overall, this book serves to spur academic and policy debates in order to inform and drive future change in EU public procurement law.

Reforming EU Public Procurement is a crucial resource for students and scholars of public procurement law, European law and commercial law. Practitioners, NGOs, lobbyists, think tanks and representative bodies involved in the legislative process will benefit from the novel ideas for interpretation of legal concepts and their implementation in this book.

The reform of Directive 2014/24/EU: A call for a full and not a marginal reform 1

Willem A. Janssen, Kirsi-Maria Halonen, and François Lichère

PART I REFLECTING ON THE SCOPE OF THE DIRECTIVE

Expanding the scope of EU public procurement law: Realigning the Classic Directive with its internal market logic

while improving its fit with strategic procurement? 11

Albert Sanchez-Graells

Fine-tuning the definition of “contracting authority” for increased precision and clarity 25

Miguel Assis Raimundo

Reforming the rules on public–public cooperation: Towards legal certainty for Article 12 of Directive 2014/24/EU? 38

Willem A. Janssen

PART II IMPROVING AND FOSTERING COMPETITION

Cooperation between economic operators in tendering 53

Kirsi-Maria Halonen and Kris Wauters

Strengthening exclusion grounds in EU public procurement for greater fairness and transparency 68

Dacian C. Dragos

Simplification by introducing smarter submitting and supplementing rules 83

Martin Burgi and Caroline Schulte Oestrich

Framework agreements: How to deal with the CJEU forced contractualization 102

Mario E. Comba

Digitalisation and competition: Proposals for upcoming public procurement reform 117

Gabriella M. Racca

10.

(Choice of) award procedures: Past, present and future 133

Steven Van Garsse

11.

Of many sticks and one mutant carrot: The new external dimension of EU public contracts 149

Roberto Caranta

PART III THE INSTRUMENTAL USE OF PUBLIC PROCUREMENT

12.

Environment and public procurement: Proposals for aligning EU law with the European Green Deal 169

Penelope Giosa

13.

Public procurement as a stronger leverage for social justice? 185

Nicolas Gabayet

14.

Access for start-ups and small and medium-sized enterprises and subcontracting 202

François Lichère and Cédric Bernard

15.

Innovation and public procurement – the need for the law to match the policy demands 216

Pedro Cerqueira Gomes

16.

Reforming procurement for crisis: Proposals for simplified, collaborative and equity responses 232

Annamaria La Chimia

PART IV EXPANDING THE RULES ON CONTRACT PERFORMANCE

17.

Modification of directives and contract modifications: Article 72 of Directive 2014/24/EU revisited 251

Piotr Bogdanowicz

18.

To terminate or not to terminate 264

Ezgi Uysal

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