The Liberalisation of Public Procurement and Its Effects on the Common Market

Public procurement has been considered as the most important non-tariff barrier for the completion of the common market and its regulation received priority by the EU institutions and member states. This is a guide containing up-to-date information and advice on public procurement, aimed at academics and researchers in the fields of law, public policy and government studies, policymakers, government officials and legal practitioners. The book investigates the subject area from an interdisciplinary perspective, without loosing touch with its legal analysis.

Table of Contents:
Introduction: the European integration process as the forum for the regulation of public procurement; some fundamental conceptual elements in the regulation of public markets; the case of public procurement in the European Community. The intellectual and the policy approaches to the regulation of public procurement: the new approach towards the integration of public markets; the regulatory background of public procurement; inherent dangers in the process of integration of the European public markets; the structure of public procurement of member states. The evolution of European public procurement law: the public supplies regime; the public works regime; the public utilities regime; the public services regime; the compliance directives; the GATT agreement on government procurement; the new WTO government procurement agreement. The mechanism of integration of the European public markets: the principle mandatory advertisement and publication of public contracts; the monetary applicability of the public procurement directives; selection and qualification criteria; legal requirements for the qualification of contractors; the list of recognized contractors; the award of public contracts; tendering procedures; the award criteria; framework agreements; in-house contracts and contracts to affiliated undertakings; design contests; concession contracts; additional award criteria; sub-contracting and public procurement; local labour employment and public procurement; the award of public housing schemes. Enforcement of and compliance with public procurement law - a critique of the system: judicial contol at centralized level; proceedings before the European Court of Justice; the consequences of a judgement by the Court of Justice; interim measures; judicial contol at domestic level; the award of damages under Community law; the judicial structure of Member states with reference to public procurement litigation; a critique of the national judicial structures in relation to public procurement cases; the compliance directives; the award of damages under the compliance directives; the role of the European Commission under the compliance directives; compliance with and enforcement of the rules under the WTO Government Procurement Agreement. An impact assessment of the European public procurement law and policy: inherent shortcomings in the public procurment rules; the dimensionality of public procurement; the effects of the principle of transparency; the abuse of award procedures which may restrict competition in the public markets; public monopolies; standarization and specification; reluctance in initiating litigation - a taxonomy of case law on public procurement. (Part contents)