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Discretion in EU Public Procurement Law

Discretion in EU Public Procurement Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509919482
  • 出版时间 May 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509946136
¥1,116.25
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  • 描述 
  • 大纲 
  • 详细

    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, environment law, as well as law beyond the EU.

  • PART I
    INTRODUCTION
    1. The 'Age of Discretion': Understanding the Scope and Limits of Discretion in EU Public Procurement Law
    Sanja Bogojevic, Xavier Groussot and Jörgen Hettne
    PART II
    DISCRETION IN EU INTERNAL MARKET LAWS
    2. EU Law on Public Procurement: Internal Market Law Made Better
    Stephen Weatherill
    3. The Drivers and Boundaries of Discretion in the Award of Public Contracts
    Christopher H Bovis
    4. Some Reflections on the 'Artificial Narrowing of Competition' as a Check on Executive Discretion in Public Procurement
    Albert Sanchez-Graells
    5. The Obligation of Transparency in EU Public Procurement Law
    Angelica Ericsson and Xavier Groussot
    PART III
    DISCRETION IN PURSUING STRATEGIC GOALS UNDER THE EU PUBLIC PROCUREMENT REGIME
    6. Contracting Authorities and Strategic Goals of Public Procurement – A Relationship Defined by Discretion?
    Marta Andhov
    7. Public Procurement and European Standards: Fair Competition or Limits to Discretion?
    Jörgen Hettne
    8. Mapping Public Procurement and Environmental Law Intersections in Discretionary Space
    Sanja Bogojevic
    PART IV
    DISCRETION IN PUBLIC PROCUREMENT REGIMES BEYOND THE EU
    9. Discretion, Divergence, Paradox: Public and Private Supply Chain Standards on Human Rights
    Claire Methven O'Brien and Olga Martin-Ortega
    10. EU and US Discretion in Public Procurement Law: The Role of Eco-Labels and Life-Cycle Costing
    Jason J Czarnezki
    11. Regulating Procurement by European Research Infrastructure Consortia (ERICs) and the Exemption for International Organisations
    Ohad Graber-Soudry
    PART V
    LOOKING AHEAD
    12. Looking Ahead: A 'New Age' of Proportionality?
    Sanja Bogojevic, Xavier Groussot and Jörgen Hettne

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