Optimizing Public Interests through Competitive Tendering: Concept, Context and Challenges

Governments are increasingly trying to achieve a variety of public interests through competitive tendering of public contracts, authorisations, subsidies as well as public assets. Over the past decades, domestic and EU law has developed for these 'limited rights' at different speed and is extremely fragmented: there is no coherent legal framework. This book provides information on the legal aspects of competitive allocation of all types of limited rights on the basis of an overarching perspective. It explains the impact of the legal framework on the ability of governments to achieve the public interests they pursue through competitive tendering. The book is relevant for domestic and EU public authorities, legislators, courts of law, as well as academics. It discusses and connects in a consistent manner, legal questions arising in the framework of competitive allocation of public contracts, authorisations, subsidies and public assets.

Table of Contents:
1. Optimizing public interests through competitive tendering: connecting limited rights Johan Wolswinkel, Chris Jansen and Frank van Ommeren; Part I. Characterising Limited Rights: 2. Public procurement Sue Arrowsmith; 3. Licensing Ferdinand Wollenschläger; 4. Subsidising Jacobine van den Brink; 5. Government sales and privatisations Roberto Caranta and Benedetta Biancardi; Part II. Connecting Limited Rights: 6. Limited rights: scope of application Steven van Garsse and Ilenia Vandorpe; 7. Balancing public interests through limitation, allocation and execution of limited rights Johan Wolswinkel; 8. European Union law and granting limited rights to provide services of general interest: what role for national law? Johan van de Gronden; 9. The transparent allocation of limited rights: what types of transparency promote public interests? Anoeska Buijze; 10. Regulating competitive tendering of limited rights: principle-based, rule-based, and integrated approaches Chris Jansen, Rianne Jacobs and Frank van Ommeren.

About the Author :
Chris Jansen is Professor of Private Law at the Faculty of Law, Vrije Universiteit Amsterdam. He is a leading authority on European public procurement law and its relevance for the allocation by governments of scarce rights outside the domain of public contracts. He is currently advising the Dutch government on amending the Dutch Public Procurement Act and was formerly chairman of the Dutch Public Procurement Ombudsman. Frank van Ommeren is Professor of Constitutional and Administrative Law and Dean at the Faculty of Law, Vrije Universiteit Amsterdam. He is a member of the Dutch Council for Public Administration and a member of the Dutch 'Trade and Industry Appeals Tribunal'. He delivered his inaugural lecture on 'Limited Licenses; The Allocation of Limited Licenses as Part of General Administrative Law' (2004). His research was awarded by the Royal Holland Society of Sciences and Humanities. Johan Wolswinkel is Professor of Administrative Law at Tilburg Law School, Tilburg University. He has developed an impressive track record with various thought-provoking publications on issues of competitive decision-making, including the co-edited volume 'Scarcity and the State' (2016). He was awarded a prestigious Vidi grant from the Dutch Research Council to further research on open government, transparency and administrative decision-making. Sue Arrowsmith is Professor Emerita at the School of Law, University of Nottingham. She is the author of the Law of Public and Utilities Procurement (3rd edn, 2018), which is recognised by the English courts as the 'leading academic authority' and has been cited in the courts of numerous European countries as well as in the jurisprudence of the ECJ. In addition, she is founding editor of the International Public Procurement Law Review; is a former member of the advisory committees on procurement and reform of the EU, World Bank, UNCITRAL and UK government; and has been awarded the Swinbank Medal of the Chartered Institute of Procurement and Supply for contribution to thought innovation in procurement and supply. In 2019 she was created Kings Counsel honoris causa in recognition of her contribution to legal development.

Review :
'Strategic objectives such as the consideration of sustainability, innovation, or social aspects have increasingly shaped public procurement law for decades. However, a coherent, comprehensive legal framework has been lacking, not only in recent years. This book presents the legal aspects of pursuing these strategic objectives through competitive procedures.' Monatsinfo