Reformation or Deformation of the EU Public Procurement Rules

Inbunden, Engelska, 2016

AvGrith S. Ølykke,Albert Sanchez-Graells

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Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice.Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed.Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law and policy makers as well as legal practitioners will also find its practical approach compelling.

Produktinformation

Utgivningsdatum2016-11-25
Mått156 x 234 x 29 mm
Vikt798 g
FormatInbunden
SpråkEngelska
Antal sidor448
FörlagEdward Elgar Publishing Ltd
ISBN9781785361807

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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.'