Discretion in EU Public Procurement Law

Dr Sanja Bogojevic, Xavier Groussot, Jörgen Hettne (Herausgeber)

Buch | Softcover

320 Seiten

2020
Hart Publishing (Verlag)
978-1-5099-4613-6 (ISBN)

Artikel merken

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.

Sanja Bogojevic is Fellow and Associate Professor of Law, Lady Margaret Hall, University of Oxford. Xavier Groussot is Professor of EU Law, Law Faculty, Lund University. Jörgen Hettne is an Associate Professor of EU Law Department of Business Law, School of Economics and Management, Lund University.

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

Erscheinungsdatum	16.01.2021
Reihe/Serie	Studies of the Oxford Institute of European and Comparative Law
Verlagsort	Oxford
Sprache	englisch
Maße	156 x 234 mm
Gewicht	454 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-10	1-5099-4613-6 / 1509946136
ISBN-13	978-1-5099-4613-6 / 9781509946136
Zustand	Neuware