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Public Procurement in the EU: A Practitioner's Guide 2nd ed


ISBN13: 9780199286911
New Edition ISBN: 9780199684694
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £275.00



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This is a commentary on the two new EC Directives on public procurement, which are due to be implemented and in force by January 2006, together with practical guidance upon their application and implementation in national law. The author offers a clear and precise explanation of the meaning and significance of the rules and identifies and discusses the problem areas in understandable terms. A new feature of the second edition is that it covers all procurement rules relating to the institutions of the EC itself, for example rules relating to procurement by the EC Commission or European Development Fund. The author is a well known expert in this field, bringing to bear experience both in private practice and as an adviser to governments and public bodies to provide an essential reference guide for all who operate in this field.

The book is based on the provisions of the Directives themselves and, as such, sets out the minimum requirements that must be followed by each member state in the process of transposition. Whilst it considers the EU objectives of procurement regulation and the interpretations provided by the European Court, its primary purpose is to explain the effects of the EC rules in the context of real world procurement practices and procedures.

The book takes into account the latest amendments brought about by the EC Directives of 2004, including: the consolidation of the Directives to introduce a more sequenced logic; the significant improvements and amendments brought about by both Directives: the introduction of new procedures; the introduction of electronic procurement (including specific provisions relating to dynamic purchasing systems and electronic auctions); the permissibility of the application of social and environmental policies and the applicable conditions as well as the amendments to the utilities sector Directive in respect of its scope (coverage of telecommunications removed and postal services added); the new general escape mechanisms for competitive markets and the significant changes to the affiliated undertakings.

The book also covers the other EC procurement rules which apply to funded contracts and contracts benefiting third countries.

  • Deals with issues of interpretation and practical application, demonstrating how the new legislation affects procurement in "the real world"
  • Time-saving overview of the minimum rights accorded to tenderers in each member state: no need to be an expert in the the equivalent legal provisions
  • Includes all procurement rules governed by EC legislation, going beyond the Directives
  • Refers to European case law, setting out how the rules have been interpreted to ensure consistency throughout the EU
  • Includes a transposition table of national laws and legislation which enables readers to identify applicable laws and procedures
  • Fully updated and expanded new edition written by a specialist in the field
  • New to this edition:-
  • Deals with all procurement rules connected with the EC
  • Fully updated to include analysis of the two new EC Procurement Directives
  • Examines ECJ jurisprudence in the field which affects the interpretation of the directives

Subjects:
EU Law, Public Procurement
Contents:
Part I: Procurement Subject to the EC Directives;
1. The Contracting Parties I: The Procuring Entities
2. The Utilities Sector
3. The Contracting Parties
Part II: The Supply Side;
4. The Contracts Covered
5. Award Procedures
6. Procedural Requirements
7. Standards
8. Remedies
9. Implementation
Part II: Procurement Governed by Specific Instruments;
10. Procurement by the European Institutions
11. Procurement under the European Development Fund
12. Procurement under the Practical Guide for Accession Countries
13. Procurement under Third Country Cooperation Agreements
14. Procurement under the ACP-EC Partnership Agreement