Details
- The only book to analyse the arguments relevant to public procurement cases and their receipt by the CJEU
- Combines a coherent and critical analysis of jurisprudence of the CJEU and national courts
- Clearly illustrates how public procurement jurisprudence has been influencing policy and law making for the EU Internal Market
- Timely and up-to-date discussion of unresolved and forthcoming issues, capturing all recent and forthcoming developments during one of the most significant periods of the European integration process
- Accessible and practical explanation of policy developments, research, and literature related to public procurement
New to this edition
- Fully revised and updated with all new and recent case law of the CJEU, as well as selected case law from national courts
- Covers new developments in public-public partnerships, particularly as an extension of in-house arrangements.
- Greater coverage of issues such as competitiveness, risk assessment, risk allocation and commerciality, with reference to legal and academic debate.
Public procurement is an important and rapidly evolving area of practice in the European commercial legal environment, and the Court of Justice of the European Union (CJEU) has been instrumental in shaping the current regime. The size of the market, the volume of transactions between public and private sectors, and new developments in the interface between sectors has created a need for a comprehensive conceptual framework to assess important law, policy, and jurisprudence.
This book offers a lucid and authoritative guide to the development and application of public procurement law in the European Union (EU) and its Member States, with a core focus on the principles and case law of the CJEU. It evaluates the policies which underpin public procurement regulation in the EU and the characteristics of public procurement litigation before the CJEU, and closely examines the Court's approach to different areas of public procurement, with insightful and in-depth analysis of the legislation and case law, and the themes that emerge in relation to the Fundamental Principles of EU Treaties.
The book's holistic approach, comparing EU acquis on public procurement with the Member States' stance on both application and enforcement, make it an important and innovative reference for legal practitioners, judges, policy makers and academics.
Readership: Practitioners, policy and law makers, government officials, and members of the judiciary in the EU, North America, and in jurisdictions compatible with the EU public procurement regime.
Introduction
1: Public Procurement in the European Union context
2: The Principles of Public Procurement Regulation in the European Union
3: The Judicial nature of Public Procurement Regulation
4: The Applicability of the Public Procurement rules
5: The Concept of Contracting Authorities in Public Procurement
6: The Concept of Public Contracts in Public Procurement
7: Technical Standards and Specifications
8: Selection and Pre-qualification
9: Award Procedures
10: Award Criteria
11: Utilities procurement
12: Defence and Security Procurement
13: Public-Private Partnerships and Concessions
14: Electronic Procurement
15: Remedies and access to justice at national level
16: EU Public Procurement and the WTO: Extra-territorial application and enforcement
Conclusions
Professor Christopher H. Bovis is Professor of European Business Law and H.K. Bevan Chair in Law at the Law School of the University of Hull.
Review(s) from previous edition
"Praise for the First Edition "This hefty book positions public procurement within the context of the common market, as a discipline within European economic and legal integration. It looks at issues of enforcement and compliance and the role of the European Court of Justice. There is an overview of enforcement and compliance of the rules at a national level, including an analysis of the private finance initiative and public private partnerships." - Supply Management
