Reformation or Deformation of the EU Public Procurement Rules

Edited by Grith Skovgaard Ølykke, PhD, Department of Economics, Copenhagen Business School, Denmark and Albert Sanchez-Graells, Professor of Economic Law, School of Law, University of Bristol, UK

• Contents:PART I: INTRODUCTION AND ANALYTICAL FRAMEWORKIntroduction Grith Skovgaard Ølykke and Albert Sanchez-Graells1. The EU Legislative Process. An Introduction from a Political Science PerspectiveDoreen AllerkampPART II: REFORMS INTRODUCED BY THE COMMISSION2. The Evolution of EU Public Procurement Rules and its Interface with WTO: SME Promotion and Policy Space Kamala Dawar and Monika Skalova3. A Deformed Principle of Competition? – The Subjective Drafting of Article 18(1) of Directive 2014/24 Albert Sanchez-Graells4. E-Procurement between EU Objectives and the Implementation Procedures in the Member States—Article 22(1) of the 2014 Directive Petra Ferk5. Division into Lots and Demand Aggregation – Extremes Looking for the Correct Balance? Ignacio Herrera Anchustegui6. The Provision on Abnormally Low Tenders: A Safeguard for Fair Competition? Grith Skovgaard Ølykke7. A Lost Proposal in the 2014 Public Procurement Package: Is there any Life for the Proposed Public Procurement Oversight Bodies? Pedro Cerqueira GomesPART III: REFORMS INTRODUCED BY THE COUNCIL8. The Provision on Services of General Economic Interest in the 2014 Directive – Pure Reiteration of the Obvious?Cecilie Fanøe Petersen and Grith Skovgaard Ølykke9. Clarification or Missed Opportunity? The Provision on Framework Agreements in the 2014 Directive Marta Andrecka10. Requesting Additional Information – Increase of Flexibility and Competition? Carina Risvig Hamer11. Exclusion and Self-Cleaning in Article 57: Discretion at the Expense of Clarity and Trade? Sylvia de Mars12. Modification of Contracts during their Term: Principle or Exception? – A View from the Perspective of Negative Externalities Tim BruyninckxPART IV:REFORMS INTRODUCED BY THE PARLIAMENT OR RESULTING FROM A EUROPEAN CITIZENS’ INITIATIVE13. Subcontracting Matters: Articles 43 and 71 of the 2014 Directive Richard Craven14. The Magic of Five in the Duration of Concessions: Refining Corollaries in the Concessions DirectiveJohan Wolswinkel15. Public Goods, Special Rights and Competitive Markets: Right2Water and the Utilities Procurement RegimeEleanor AspeyPART V CONCLUSIONS16. Under the Political Science Magnifying Glass: Reformation or Deformation of the EU Public Procurement Rules in 2014?Albert Sanchez-Graells and Grith Skovgaard ØlykkeIndex

'Public procurement matters a lot in political and economic terms. This was clear during the legislative process leading to the 2014 reform. The contributions collected in this book offer a timely and clever account of the implications of the increasing politicisation of EU public procurement law whilst at the same time assessing possible developments of the CJEU case law based on both precedents and the reform. The book commends itself to different readers, those studying how EU law is made and those in the practice trying to make sense of a reform which has much deformed public procurement law as we knew it.'