EU public contract law : public procurment and beyond

The book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. Firstly, several chapters discuss the coverage of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, qualification and technical specifications, procurement procedures, and award criteria. A specific chapter describes the EU principles applicable to contracts not covered or partially covered by the Directive, which have been the subject of relevant developments in the case law of the European Court of Justice. Secondly, four chapters are devoted to innovative aspects such as sustainable procurement and public private partnerships and the special procurement regimes on defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapters. Fourthly, one chapter goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Sixthly, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Seventh and finally, a concluding chapter will provide a critique of the EU legal framework by an author from outside the EU. The book is edited and written by leading specialists in EU public contract and procurement law from many jurisdictions, who contributed their specific knowledge and analysis to present a comprehensive and thought-provoking picture of a complex and evolving subject.

Foreword List of Authors and editors Table of cases Table of legislation Introduction Part I. Substantive EU Public Procurement Law Chapter 1. Scope and Coverage of the EU Procurement Directives, by Rozen Noguellou Chapter 2. Specifications, by Martin Burgi Chapter 3. Classic Procurement Procedures, by Julio González García Chapter 4. New Award Procedures, by François Lichère Chapter 5. Qualification and Shortlisting, by Michael Steinicke Chapter 6. Contract Award Criteria, by Marta Franch and Mireia Grau Chapter 7. Sustainable Procurement, by Roberto Caranta Chapter 8. Requirements for Contracts ‘Outside’ the Directives, by Carina Risvig Hamer Part II. Special Procurement Regimes Chapter 9. Utilities Procurement, by Simone Torricelli Chapter 10. Defence Procurement, by Martin Trybus Chapter 11. Public Private Partnerships, by Sieglinde Pommer Part III. Contract Management Chapter 12. Effects of EU Law on Contract Management, by Mario Comba Part IV. Review and Remedies Chapter 13. Review Bodies (including Antifraud Measures), by Kris Wauters Chapter 14. Remedies, by Chris Bovis Part V. EU Public Contracts Chapter 15. Substantive Law applicable to EU Public Contracts, by Ulrich Stelkens and Hanna Schröder Chapter 16. Award Procedures for EU Institutions, by Hans-Joachim Priess Chapter 17. EU Public Contract Litigation, by Hanna Schröder and Ulrich Stelkens Part VI. Conclusions Chapter 18. EU Public Contracts: an Outside View, by Denis Lemieux Bibliography Index