EU Public Contract Law

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Public Procurement and Beyond

1re édition 2013
Gunilla Edelstam, Martin Trybus, Roberto Caranta
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Description

This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, qualification and technical specifications, procurement procedures, and award criteria.

A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Another chapter covers sustainable procurement.
Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.

Sommaire

Foreword
List of Authors and editors
Table of cases
Table of legislation
Introduction

Part I. Substantive EU Public Procurement Law

Chapter 1. Scope and Coverage of the EU Procurement Directives, by Rozen Noguellou
Chapter 2. Specifications, by Martin Burgi
Chapter 3. Classic Procurement Procedures, by Julio González García
Chapter 4. New Award Procedures, by François Lichère
Chapter 5. Qualification and Shortlisting, by Michael Steinicke
Chapter 6. Contract Award Criteria, by Marta Franch and Mireia Grau
Chapter 7. Sustainable Procurement, by Roberto Caranta
Chapter 8. Requirements for Contracts ‘Outside’ the Directives, by Carina Risvig Hamer

Part II. Special Procurement Regimes

Chapter 9. Utilities Procurement, by Simone Torricelli
Chapter 10. Defence Procurement, by Martin Trybus
Chapter 11. Public Private Partnerships, by Sieglinde Pommer

Part III. Contract Management


Chapter 12. Effects of EU Law on Contract Management, by Mario Comba

Part IV. Review and Remedies


Chapter 13. Review Bodies (including Antifraud Measures), by Kris Wauters
Chapter 14. Remedies, by Chris Bovis

Part V. EU Public Contracts

Chapter 15. Substantive Law applicable to EU Public Contracts, by Ulrich Stelkens and Hanna Schröder
Chapter 16. Award Procedures for EU Institutions, by Hans-Joachim Priess
Chapter 17. EU Public Contract Litigation, by Hanna Schröder and Ulrich Stelkens

Part VI. Conclusions

Chapter 18. EU Public Contracts: an Outside View, by Denis Lemieux

Bibliography
Index

Mnemo

EUPUBCONTMB

Langue

EN

ISBN

9782802738107

Nombre de pages

576

Date de parution

Décembre 2013

Liste des contributeurs

Sous la direction de

  • Roberto Caranta
  • Gunilla Edelstam
  • Martin Trybus