The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States’ discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
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PART I
INTRODUCTION
1. The ‘Age of Discretion’: Understanding the Scope and Limits of Discretion in EU Public Procurement Law
Sanja Bogojevic, Xavier Groussot and Jörgen Hettne

PART II
DISCRETION IN EU INTERNAL MARKET LAWS
2. EU Law on Public Procurement: Internal Market Law Made Better
Stephen Weatherill
3. The Drivers and Boundaries of Discretion in the Award of Public Contracts
Christopher H Bovis
4. Some Reflections on the ‘Artificial Narrowing of Competition’ as a Check on Executive Discretion in Public Procurement
Albert Sanchez-Graells
5. The Obligation of Transparency in EU Public Procurement Law
Angelica Ericsson and Xavier Groussot

PART III
DISCRETION IN PURSUING STRATEGIC GOALS UNDER THE EU PUBLIC PROCUREMENT REGIME
6. Contracting Authorities and Strategic Goals of Public Procurement – A Relationship Defined by Discretion?
Marta Andhov
7. Public Procurement and European Standards: Fair Competition or Limits to Discretion?
Jörgen Hettne
8. Mapping Public Procurement and Environmental Law Intersections in Discretionary Space
Sanja Bogojevic

PART IV
DISCRETION IN PUBLIC PROCUREMENT REGIMES BEYOND THE EU
9. Discretion, Divergence, Paradox: Public and Private Supply Chain Standards on Human Rights
Claire Methven O’Brien and Olga Martin-Ortega
10. EU and US Discretion in Public Procurement Law: The Role of Eco-Labels and Life-Cycle Costing
Jason J Czarnezki
11. Regulating Procurement by European Research Infrastructure Consortia (ERICs) and the Exemption for International Organisations
Ohad Graber-Soudry

PART V
LOOKING AHEAD
12. Looking Ahead: A ‘New Age’ of Proportionality?
Sanja Bogojevic, Xavier Groussot and Jörgen Hettne

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Provides clear, structured analysis of public procurement law in the European Union
Now available in paperback

The latest research from the OIECL.
A series established by the Oxford Institute of European and Comparative Law as a forum for the dissemination of its research. Both European and comparative law are understood in the broadest sense, and a particular emphasis is placed on the specific intersection of the two disciplines.

Series Editor:
Professor Matthew Dyson

Board of Advisory Editors:
Professor Stefan Enchelmaier
Professor Mark Freedland, FBA
Professor Birke Häcker
Professor Imelda Maher
Professor Iyiola Solanke
Professor Stephen Weatherill

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Produktdetaljer

ISBN
9781509946136
Publisert
2020-12-17
Utgiver
Bloomsbury Publishing PLC
Vekt
480 gr
Høyde
232 mm
Bredde
154 mm
Dybde
20 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
320

Biografisk notat

Sanja Bogojevic is Fellow and Associate Professor of Law, Lady Margaret Hall, University of Oxford.

Xavier Groussot is Professor of EU Law, Law Faculty, Lund University.

Jörgen Hettne is an Associate Professor of EU Law Department of Business Law, School of Economics and Management, Lund University.