The Public Sector Procurement Directive 2014/24/EU Explained Through 30 Years of Jurisprudence by the Court of Justice of the European Union
Author: Constant de Koninck,Thierry Ronse,William Timmermans
Category: Government purchasing
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European Public Procurement Law combines the full text of the new Public Sector Procurement Directive 2014/24/EU with excerpts from 145 relevant judgments rendered by the Court of Justice of the European Union during the period 1982-2014. Constant De Koninck, Thierry Ronse and William Timmermans provide commentary on the impact of the Public Sector Procurement Directive 2014/24/EU and analysis of the case law. An insightful overview of the key changes introduced by the Directive is also included. This new edition connects the reader with the relevant CJEU case law, which has been instrumental in interpreting the public procurement legal framework. It is intended for legal practitioners and has a clear practical use for officials who have to ensure that contracts are awarded in an open, fair and transparent manner, allowing domestic and nondomestic firms to compete for business on an equal basis, all this within the EU legal framework and in compliance with the new Public Sector Procurement Directive 2014/24/EU.
A Critical Analysis of the CJEU Case Law 2015-2017
Author: Albert Sanchez-Graells,Constant De Koninck
Publisher: Kluwer Law International B.V.
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The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.
Author: Sanja Bogojevic,Xavier Groussot,Jörgen Hettne
Publisher: Bloomsbury Publishing
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The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.