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This paper aims to offer some reflections on the legal relevance of general principles of EU public procurement law after the adoption of the 2014 package of substantive Directives on public procurement. It focusses on the field of concession contracts because one of the explicit justifications...
Persistent link: https://www.econbiz.de/10013025875
EU public procurement law relies on the specific enforcement mechanisms of the Remedies Directive, which sets out EU requirements of administrative oversight and judicial protection for public contracts. Recent developments in the case law of the CJEU and the substantive reform resulting from...
Persistent link: https://www.econbiz.de/10012985383
In this chapter, I reflect on the topic of ‘lay decision-making in the legal system' from the perspective of the economic analysis of law. Or, in other words, I look at the ways in which economic theory and insight can help resolve issues of legal decision-making by providing both a...
Persistent link: https://www.econbiz.de/10012988457
As part of its enforcement duties under the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013, and in exercise of the powers assigned to it by the Health and Social Care Act 2012, the health care sector regulator for England (Monitor) is co-competent...
Persistent link: https://www.econbiz.de/10013043798
In this paper, I reflect on the main types of gains derived from the regulation of public procurement in the context of the EU internal market that are at stake post-Brexit. Despite the difficulties in identifying and quantifying advantages derived from EU procurement rules, I submit that they...
Persistent link: https://www.econbiz.de/10012920708
Persistent link: https://www.econbiz.de/10012921082
This paper provides a critical assessment of the rules regarding the clarification, supplementation and correction of tenders in procedures for the award of public contracts regulated by the EU 2014 Public Procurement Package. It does so through a detailed assessment of the transposition of...
Persistent link: https://www.econbiz.de/10012924241
This paper explores some of the legal implications of the territorial extension or extraterritoriality of EU public procurement law through EU trade policy. The paper has the starting position that, with this policy and regulatory approach, the EU pursues two main goals: first, to further global...
Persistent link: https://www.econbiz.de/10012931850
This paper offers a cursory overview of the rules applicable to transparency and disclosure of documents in the context of public procurement of the EU Institutions under the rules of the Financial Regulation, its Rules on Implementation, and the EU FOIA Regulation (Reg 1049/2001). The paper...
Persistent link: https://www.econbiz.de/10012933143
In this paper, I reflect about a recent regulatory trend concerning the enforcement of labour standards through contract compliance clauses and other requirements of public contracts tendered under European Union public procurement law. On the back of recent developments in the case law of the...
Persistent link: https://www.econbiz.de/10012934156