Overview

This open access anthology explores intersections and boundaries between public procurement and contract law, examining how these legal regimes diverge, influence, and occasionally overlap during the performance stage of public contracts. While public procurement processes are largely harmonised across Europe through the EU Public Procurement Directives, the performance phase is only partially regulated. A sizeable part of public contract implementation remains subject to national laws, governed through a combination of administrative and contract law. This gives rise to a set of foundational questions: Does public procurement law fully occupy the legal space of public contract performance? In which instances—if any—does contract law retain relevance? Are classical contract law concepts transformed or distorted when applied to public contracts, and how does this affect mechanisms such as arbitration? To what extent do the answers to these questions vary depending on the regulatory model adopted by a given jurisdiction? Part 1 introduces the topic, covering regulatory models for public contracts from procurement and contract law perspectives. Part 2 examines general issues such as legal review asymmetries, tacit modifications, due diligence, loyalty obligations, and the doctrine of hardship under EU law. Part 3 explores contemporary challenges, including digitalisation and sustainability. Part 4 analyses arbitration in public contract disputes. This book is an essential resource for scholars, lawyers, practitioners, policymakers, and students, providing analytical depth and practical guidance to help navigate the complexities of public contracts. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Full Product Details

Author:   Marta Andhov (University of Auckland, New Zealand,) ,  Michal Kania (University of Silesia, Poland) ,  Sylvie Cécile Cavaleri (University of Copenhagen, Denmark)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.80cm , Length: 23.40cm
Weight:   0.503kg
ISBN:  

9781509989454

ISBN 10:   1509989455
Pages:   408
Publication Date:   14 May 2026
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   Not yet available  
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Table of Contents

Foreword, Maciej Szpunar (European Court of Justice, Poland) 1. Introduction, Marta Andhov (University of Auckland, New Zealand), Michal Kania (University of Silesia, Poland) and Sylvie Cécile Cavaleri (University of Copenhagen, Denmark) 2. Where Public Procurement Meets Contract Law: Entry Points and their Consequences, Marta Andhov (University of Auckland, New Zealand), Michal Kania (University of Silesia, Poland) 3. Contract Law Principles in the Context of Public Procurement Law, Marta Andhov (University of Auckland, New Zealand), Michal Kania (University of Silesia Poland), and Cristina Poncibo (Univerity of Turin, Italy) Part II: General 4. Asymmetries in Judicial Review: Freedom of Contract in EU and Dutch Public Procurement Law, Willem Janssen (Groningen University, the Netherlands) and Matanja Pinto (Maastricht University, the Netherlands) 5. The Concept of the “Diligent Contracting Authority”, Michael Steinicke (University of Aarhus, Denmark) 6. The Contracting Authority’s Duty to Cooperate with the Supplier in the Contract Performance Phase – Contractual Adjustments Inside and Outside the Realm of Article 72 and 73 of the Directive 2014/24/EU, Ole Hansen, Vibe Garf Ulfbeck, Maria Edith Lindholm Gausdal (University of Copenhagen, Denmark) 7. “I did not sign anything” – Can a Tacit Modification Constitute a Contract Amendment under EU Procurement Rules? Kirsi Maria Halonen, Aarne Puisto, and Pirkko Heikkinen (University of Lapland, Finland) 8. Applying the Doctrine of Hardship in Public Contracts, Michal Kania (University of Silesia, Poland), Marta Andhov (University of Auckland, New Zealand) Part III: Innovation and Sustainability 9. Deconstructing Computational Contracts: A Critical Analysis of their Application in Private and Public Domain, Alexandra Andhov (University of Auckland, New Zealand) and Sven Mikulic (European Commission’s DG for Internal Market, Denmark) 10. “A Cake is not a Cake” and Other Tales of Due Diligence Clauses in Public and Private Contracts, Vibe Garf Ulfbeck and Maria Edith Lindholm Gausdal (University of Copenhagen, Denmark) 11. Sustainability and its Enforcement in Private and Public Contracts, Desiree Klingler (Switzerland) and Patrick Zimmermann Ludwig-Maximilians (University of Munich, Germany) 12. Enforcing Sustainability Clauses in Public Contracts: Third-party Enforcement Caught between the Privity of Contract and Conflicting Interests, Katerina Mitkidis (University of Aarhus, Denmark) and Ezgi Uysal (University of Copenhagen, Denmark) Part IV: Contract Dispute through Arbitration 13. Can the Effectiveness of EU Public Procurement Law be Ensured if Disputes Concerning the Performance of Public Contracts are Subject to International Commercial Arbitration? Sylvie Cécile Cavaleri (University of Copenhagen, Denmark) 14. Arbitration on the Grounds of Public Contracts in the Legal Regimes of France, Portugal and Spain, Miguel Assis Raimundo (University of Lisbon, Portugal), Francois Lichère (University of Jean Moulin Lyon 3, France), and María Isabel Gallego Córcoles (University of Madrid, Spain) 15. Conclusion, Marta Andhov (University of Auckland, New Zealand), Michal Kania (University of Silesia, Poland) and Sylvie Cécile Cavaleri (University of Copenhagen, Denmark)

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Author Information

Marta Andhov is Associate Professor, Business School and Law School, University of Auckland, New Zealand, and Affiliated Associate Professor, CEPRI, Faculty of Law, University of Copenhagen, Denmark. Michal Kania is Professor of Law at the University of Silesia in Katowice, Poland, Affiliated Senior Researcher, CEPRI, Faculty of Law, University of Copenhagen, Denmark. Sylvie Cécile Cavaleri is Associate Professor, CEPRI, Faculty of Law, University of Copenhagen, Denmark.

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