EU public procurement law by Christopher H. Bovis

By Christopher H. Bovis

During this absolutely revised and up-to-date variation, Christopher Bovis presents an in depth, serious, concise and available assessment of the general public procurement felony framework and its interplay with rules in the eu Union and the Member States.

Public procurement represents an important a part of the only industry venture, introduced via ecu associations in 2011. Its law will insert festival and transparency out there and be a shield to the attainment of primary ideas of the Treaties. This booklet demonstrates the impression of the suitable Directives on Member States throughout the improvement of the case legislation of the eu courtroom of Justice and assesses the judicial overview of public contracts at nationwide point. It positions public procurement on the centre of the felony and coverage debate surrounding the supply of public prone and the development of competitiveness and business coverage within the ecu. The booklet highlights the pivotal function of public procurement for the Europe 2020 progress technique.

Demonstrating the ideas and rules of public procurement, this entire e-book could have a robust attract educational researchers, attorneys, judges, practitioners, and policymakers on the eu, overseas and nationwide degrees in addition to scholars of legislations, coverage and administration

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Example text

The concept of public service contracts, which covers contractual relations between competent authorities of Member State and undertakings and encapsulates contractualized obligations to provide adequate services to the public, introduces the need of the principles of transparency and accountability in the selection process and methods of the entrusted undertaking to provide such services. A public service contract in the transport sector may cover: i) transport services satisfying fixed standards of continuity, regularity, capacity and quality; ii) additional transport services; iii) transport services at specified rates and subject to specified conditions, in particular for certain categories of passenger or on certain routes; iv) adaptation of services to actual requirements.

Public procurement and the single market PUBLIC PROCUREMENT AND THE CONCEPT OF PUBLIC MARKETS The main reason for regulating public sector and utilities procurement is to bring their respective markets in parallel to the operation of private markets. European policy makers have recognized the distinctive character of public markets and focused on establishing conditions similar to those that control the operation of private markets. The public markets reflect an economic equation where the demand side is represented by the public sector at large and the utilities, whereas the supply side covers the industry.

This means that public services have a cost and a value attached to them. Cost reflects upon capital considerations, whereas value reflects upon revenue considerations. 24 However, public services lack industrial or commercial character. The ECJ ruled25 that the non-commercial or industrial character of a service is a necessary criterion intended to clarify needs in the general interest. The Court recognized that there might be needs of general interest, which have an industrial and commercial character and that it is also possible private undertakings can meet needs of general interest, which do not have industrial and commercial character.

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