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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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EU Public Contract Law: Public Procurement and Beyond

ISBN13: 9782802738107
Published: December 2013
Publisher: Editions Juridiques Bruylant
Country of Publication: Belgium
Format: Paperback
Price: £84.00

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This book analyses many aspects of the present EU regulatory framework for public contracts, especially public procurement, taking the ongoing reform process into account. First, several chapters discuss the regime of the Public Sector Procurement Directive 2004/18/EC governing the procurement activities of the EU Member States, the coverage of the Directive, 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. Another chapter covers sustainable procurement. Second, three chapters are devoted to special procurement regimes, namely public private partnerships, defence and utilities. Third, the review and remedies regime for public procurement is covered in two chapter. Fourth, one chapters goes beyond public procurement and looks at the effect of EU law on the contract management of public contracts, after their conclusion. Fifth, three chapters go beyond the regulation of the Member States and look at the EU law regime applicable to contracts of the EU institutions. Sixth and finally, a concluding chapter provides a critique of the EU legal framework by an author from outside the EU.

EU Law, Public Procurement
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