This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom.The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes.
Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read.
Contributors include: R. Ågren, P. Bogdanowicz, M. Burgi, R. Caranta, M. Comba, D. Dragos, P. Ferk, K. Härginen, F. Lichère, B. Neamtu, S. Richetto, A. Sanchez Graells, M.A. Simovart, A. Sundstrand, S. Treumer, P. Valcárcel Fernández, D. Wolff
Table of Contents:
Contents:
Foreword
1. Introduction
Steen Treumer and Mario Comba
2. Into the grey area: Implementation of the Public Procurement Directive in Denmark
Steen Treumer
3. Estonia: faithful in transposing, stumbling on domestic needs
Mari Ann Simovart and Kadri Härginen
4. Transposition of Directive 2014/24 in Finland: a minimum approach with a lot of national specialities
Kirsi-Maria Halonen
5. Transposition of the Public Procurement Directive in France: between overimplementation and questionable implementation
François Lichère
6. Scaling down the cascade: A critical analysis of the implementation of Directive 2014/23 into German public procurement law
Daniel Wolff and Martin Burgi
7. Transposition of the 2014 Public Procurement Package in Italy: meeting the deadline without really doing so
Mario Comba and Sara Richetto
8. Transposition of the Public Procurement Directives in Poland: Evolution instead of Revolution?
Piotr Bogdanowicz
9. Transposition of the EU Procurement Directives in Romania: complex issues of implementation and control
Dacian Dragos and Bogdana Neamtu
10. Implementation of Directive 2014/24/EU in the Republic of Slovenia
Petra Ferk and Boštjan Ferk
11. Transposition of Directive 2014/24/EU in Spain: between EU demands and national peculiarities
Patricia Valcárcel Fernández
12. The implementation of Directive 2014/24/EU in Sweden: a sanguine approach
Andrea Sundstrand and Robert Ågren
13. The Implementation of Directive 2014/24/EU in the United Kingdom
Albert Sanchez-Graells
14. Trends in the implementation of Directive 2014/24: Minimalism and Narrow Interpretations
Steen Treumer and Mario Comba
Index
About the Author :
Edited by the late Steen Treumer, formerly Faculty of Law, University of Copenhagen, Denmark and Mario Comba, Professor, University of Turin, Italy
Review :
Modernising Public Procurement offers a privileged view about the implementation of Public Procurement Directives of 2014 in several member States. The authors are outstanding scholars and experts, often involved in the process of implementation due to their institutional roles. The book is an essential tool both for scholars and practitioners, as well as for judges. It fruitfully combines a national, comparative and European approach and offers the reader a rich and comprehensive perspective on the topic.'
--Marta Cartabia, Italian Constitutional Court'Modernising Public Procurement offers a most interesting perspective on the new Public Procurement Directive (2014/24/EU) by describing and analysing the different legislative choices made by different EU Member States when implementing the directive in their national legislation, with a particular focus on some of the new substantial rules of great practical importance.'
--Nikolaj Aarø-Hansen, Judge, Chairman/President of the Danish Complaints Board for Public Procurement, Denmark
'This work highlights with success problematic issues in the implementation of the most important Public Procurement Directive. A well-structured comparative law approach binds together the 12 national chapters on implementation in as many Member States. In my view, the editors have succeeded in drawing up relevant conclusions and giving guidance on how to develop best practices.'
--Jesper Svenningsen, Judge, General Court of the European Union
