Overview

This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions. Key features include: Updated to include the most significant CJEU case law as of end-2020 Analysis that is informed by the practical issues arising across the EU Member States, as well as in the UK Written by a diverse pool of specialists in each of the aspects of the Directive upon which they comment, with the Commentary underpinned by their collective knowledge of public procurement law in the old 28 EU Member States. Providing a practice-oriented analysis that allows for a problem solving approach, European Public Procurement will be particularly relevant to practising lawyers including within the civil services in all EU jurisdictions and the UK. The depth of analysis offered in the Commentary will also be of great benefit to academics and postgraduate students with an interest in public procurement and, more generally, public law, administrative law and public administration.

Full Product Details

Author:   Roberto Caranta ,  Albert Sanchez-Graells
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 16.90cm , Height: 6.10cm , Length: 24.40cm
Weight:   1.878kg
ISBN:  

9781789900675

ISBN 10:   1789900670
Pages:   1040
Publication Date:   26 October 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: Preface xxxiv Table of cases xxxviii Article 1 Subject-matter and scope 1 Roberto Caranta Article 2 Definitions 17 Albert Sanchez-Graells Article 3 Mixed procurement 31 Pawel Nowicki Article 4 Threshold amounts 41 Pawel Nowicki Article 5 Methods for calculating the estimated value of procurement 47 Pawel Nowicki and Kirsi-Maria Halonen Article 6 Revision of the thresholds and of the list of central government authorities 63 Pawel Nowicki Article 7 Contracts in the water, energy, transport and postal services sectors 68 Johan Wolswinkel Article 8 Specific exclusions in the field of electronic communications 79 Johannes Stalzer Article 9 Public contracts awarded and design contests organised pursuant to international rules 83 Johannes Stalzer Article 10 Specific exclusions for service contracts 91 Johannes Stalzer Article 11 Service contracts awarded on the basis of an exclusive right 111 Johan Wolswinkel Article 12 Public contracts between entities within the public sector 125 Wojciech Hartung, Katarzyna Kuzma and Willem Janssen Article 13 Contracts subsidised by contracting authorities 147 Wojciech Hartung and Katarzyna Kuzma Article 14 Research and development services 153 Ioan Baciu Article 15 Defence and security 160 Baudouin Heuninckx Article 16 Mixed procurement involving defence or security 172 Baudouin Heuninckx Article 17 Procurement involving defence or security aspects pursuant to international rules 176 Baudouin Heuninckx Article 18 Public procurement principles 186 Carina Risvig Hamer and Marta Andhov Article 19 Economic operators 207 Roberto Caranta Article 20 Reserved contracts 217 Ioan Baciu Article 21 Confidentiality 225 Albert Sanchez-Graells Article 22 Rules applicable to communication 236 Petra Ferk and Bostjan Ferk Article 23 Nomenclatures 253 Patricia Valc.rcel Fern.ndez Article 24 Conflicts of interest 259 Dacian C. Dragos Article 25 Conditions relating to the GPA and other international agreements 274 Anna maria La Chimia Article 26 Choice of procedures 287 Christoph Kr.nke Article 27 Open procedure 304 Christoph Kr.nke Article 28 Restricted procedure 309 Christoph Kr.nke Article 29 Competitive procedure with negotiation 315 Piotr Bogdanowicz Article 30 Competitive dialogue 324 Pedro Telles Article 31 Innovation partnership 335 Pedro Cerqueira Gomes Article 32 Use of the negotiated procedure without prior publication 350 Piotr Bogdanowicz Article 33 Framework agreements 363 Marta Andhov Article 34 Dynamic purchasing systems 377 Mari-Ann Simovart Article 35 Electronic auctions 392 Mari-Ann Simovart Article 36 Electronic catalogues 408 Mari-Ann Simovart Article 37 Centralised purchasing activities and CPBs 417 Mario Comba Article 38 Occasional joint procurement 431 Wojciech Hartung and Katarzyna Kuzma Article 39 Procurement involving contracting authorities from different Member States 436 Albert Sanchez-Graells Article 40 Preliminary market consultations 448 Dacian C. Dragos Article 41 Preliminary market consultations 456 Dacian C. Dragos Article 42 Technical specifications 462 Carina Risvig Hamer Article 43 Labels 474 Marta Andhov Article 44 Test reports, certification and other means of proof 482 Carina Risvig Hamer Article 45 Variants 486 Albert Sanchez-Graells Article 46 Division of contacts into lots 496 Ignacio Herrera Anchustegui Article 47 Setting time limits 507 Wojciech Hartung and Katarzyna Kuzma Article 48 Prior information notices 514 Wojciech Hartung and Katarzyna Kuzma Article 49 Contract notices 519 Wojciech Hartung and Katarzyna Kuzma Article 50 Contract award notices 525 Wojciech Hartung and Katarzyna Kuzma Article 51 Form and manner of publication of notices 531 Wojciech Hartung and Katarzyna Kuzma Article 52 Publication at national level 538 Wojciech Hartung and Katarzyna Kuzma Article 53 Electronic availability of procurement documents 542 Petra Ferk and Bostjan Ferk Article 54 Invitations to candidates 549 Albert Sanchez-Graells Article 55 Informing candidates and tenderers 553 Albert Sanchez-Graells Article 56 Informing candidates and tenderers 565 Pascal Friton and Janis Z.ll Article 57 Exclusion grounds 588 Pascal Friton and Janis Z.ll Article 58 Selection criteria 635 Roxana Vornicu Article 59 European Single Procurement Document 643 Pedro Telles Article 60 Means of proof 653 Pedro Telles Article 61 Online repository of certificates (e-Certis) 663 Pedro Telles Article 62 Quality assurance standards and environmental management standards 668 Abby Semple Article 63 Reliance on the capacity of other entities 675 Roxana Vornicu Article 64 Official lists of approved economic operators and certification by bodies established under public or private law 682 Albert Sanchez-Graells Article 65 Reduction of the number of otherwise qualified candidates to be invited to participate 691 Steven Van Garsse Article 66 Reduction of the number of tenders and solutions 699 Steven Van Garsse Article 67 Contract award criteria 703 Abby Semple Article 68 Life-cycle costing 719 Marta Andhov Article 69 Abnormally low tenders 727 Grith Skovgaard .lykke and Christian Clausen Article 70 Conditions for performance of contracts 745 Marta Andhov Article 71 Subcontracting 754 Johannes Stalzer Article 72 Modification of contracts during their term 775 Piotr Bogdanowicz Article 73 Termination of contracts 797 Kirsi-Maria Halonen Article 74 Award of contracts for social and other specific services 809 Marko Turudic Article 75 Publication of notices 816 Marko Turudic Article 76 Principles of awarding contracts 821 Marko Turudic Article 77 Reserved contracts for certain services 830 Marko Turudic Article 78 Scope 836 Sarah Schoenmaekers Article 79 Notices 844 Sarah Schoenmaekers Article 80 Rules on the organisation of design contests and the selection of participants 850 Sarah Schoenmaekers Article 81 Composition of the jury 855 Sarah Schoenmaekers Article 82 Decisions of the jury 857 Sarah Schoenmaekers Article 83 Enforcement 861 Pedro Cerqueira Gomes Article 84 Individual reports on procedures for the award of contracts 869 Pedro Cerqueira Gomes Article 85 National reporting and statistical information 875 Pedro Cerqueira Gomes Article 86 Administrative cooperation 879 Benedetta Biancardi Article 87 Exercise of the delegation 891 Benedetta Biancardi Article 88 Urgency procedure 898 Benedetta Biancardi Article 89 Committee procedure 900 Benedetta Biancardi Article 90 Transposition and transitional provisions 905 Bojana Todorovic Article 91 Repeals 912 Bojana Todorovic Article 92 Review 916 Bojana Todorovic Article 93 Entry into force 922 Bojana Todorovic Article 94 Addressees 927 Bojana Todorovic

Reviews

'This Commentary is one of the most valuable additions to the public procurement literature for years. It combines the advantages of a legal commentary of the continental European tradition (comprehensiveness, structure, depth, etc.) with comparative perspectives, cutting-edge research, and the necessary contextualization, to understand the interactions between the Directive and the complex national systems of administrative and public law. The outstanding editors as well as the 36 contributors from 18 European countries deserve much praise for this important book!' -- Martin Burgi, University of Munich, Germany

'This book is an essential companion to the directive. Bringing together a brilliant team of experts on EU public procurement law, this commentary is rich with perspective on the directive, what brought the EU to construct its language as it has, and what to make of the rules and the policy thinking behind them. The book is a benefit to those seeking to fully understand the EU's policy and practice where public procurement is concerned. This is a striking, substantial contribution to scholarship where procurement law, beyond simply EU procurement law, is concerned.' -- Christopher L Atkinson, Public Organization Review 'The editors are leaders in the field of public procurement law and have assembled an unrivalled set of authors from across Europe to provide an authoritative commentary of the crucial mother of all procurement regulation - Public Sector Procurement Directive 2014/24/EU. Here you will quickly find all there is to know about the Directive's Articles 1 to 94. There are hardly any alternatives to this useful work and this commentary might well achieve the same importance for Directive 2014/24/EU as the Palandt has for German civil law. Procurement lawyers might come to say: quod non est in Caranta/Sanchez-Graells., non est in mundo.' -- Martin Trybus, University of Birmingham, UK and Member of the Procurement Review Board of the European Space Agency, France 'This Commentary is one of the most valuable additions to the public procurement literature for years. It combines the advantages of a legal commentary of the continental European tradition (comprehensiveness, structure, depth, etc.) with comparative perspectives, cutting-edge research, and the necessary contextualization, to understand the interactions between the Directive and the complex national systems of administrative and public law. The outstanding editors as well as the 36 contributors from 18 European countries deserve much praise for this important book!' -- Martin Burgi, Ludwig Maximilian University of Munich, Germany

Author Information

Edited by Roberto Caranta, Full Professor of Administrative Law, Law Department, University of Turin, Italy and Albert Sanchez-Graells, Professor of Economic Law, School of Law, University of Bristol, UK

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