Transparency in EU Procurements


Transparency in EU Procurements

Disclosure Within Public Procurement and During Contract Execution

9781788975667 Edward Elgar Publishing
Edited by Kirsi-Maria Halonen, Professor, Faculty of Law, University of Lapland, Finland, Roberto Caranta, Full Professor of Administrative Law, Law Department, University of Turin, Italy and Albert Sanchez-Graells, Professor of Economic Law, School of Law, University of Bristol, UK
Publication Date: 2019 ISBN: 978 1 78897 566 7 Extent: 352 pp
This book provides a timely analysis of transparency in public procurement law. In its first part, the book critically assesses a number of key matters from a general and comparative perspective, including corruption prevention, competition and commercial issues and access to remedies. The second part illustrates how the relevance of these aspects varies across member states of the EU.

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Critical Acclaim
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At a time when public administrations are increasingly subjected to transparency requirements this book provides timely analysis on the role of transparency in the context of public procurement within the EU. It provides a blend of theoretical analysis and practical insights into the operation of freedom of information requirements associated with the expenditure of public funds through purchasing, contracting out and commissioning activities.

The first part of the book critically assesses a number of key issues surrounding transparency in public procurement including: corruption prevention, competition, commercial issues and access to remedies. The second part of the book features contributions from leading experts across ten European jurisdictions, providing a comparative view of transparency requirements and freedom of information rules in the context of public procurement. Overall the book provides a conceptual framework to understand the relationship between business secrets, freedom of information rules and the regulation of public procurement across Europe.

This book will be of interest to scholars and students researching across public, administrative and comparative law. Practising lawyers who are involved with cross-border procurement tenders will also find this book to be a useful resource as it provides a comprehensive overview of regulatory standards at a national and European level.
Critical Acclaim
‘Transparency is a central plank of procurement law and policy, but is not a fishing licence for competitors. This important addition to the literature on procurement offers major contributions to our understanding of these issues in various European jurisdictions. It''s a “must have” work for everyone interested in procurement law and practice.’
– Laurence Gormley, University of Groningen, the Netherlands

‘An essential book in the exploration of European procurement law. It shows that beyond the rules of transparency imposed by the directives, a wide scope is left to national discretion, particularly as regards publicity after the award of the contract. Although transparency is certainly a general principle of European public procurement law, and a strategic one, its concrete implementation is therefore subject to significant variations. The book renders an important service to future reflections on European procurement law by demonstrating this reality.’
– Jean-Bernard Auby, University of Sciences Po, France

Contributors: R. Ashmore, T. Blay, P. Bogdanowicz, M. Burgi, R. Caranta, M.E. Comba, D.C. Dragos, K.-M. Halonen, P. Henty, B. Neamtu, M. Pöhlmann, C. Risvig Hamer, A. Sanchez-Graells, P. Takala, S. Taponen, P. Valcárcel Fernández

1. Transparency in EU Procurements: An Introduction.
Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells

2. Many faces of transparency in public procurement
Kirsi-Maria Halonen

3. Transparency and competition in public procurement: A comparative view on their difficult balance
Albert Sanchez-Graells

4. Procurement transparency as a gateway for procurement remedies
Roberto Caranta

5. Transparency in Procurement by the EU Institutions
Albert Sanchez-Graells

6. Transparency and access to information in public procurement procedures in Denmark
Carina Risvig Hamer

7. Transparency in Public Procurement - experiences from Finland
Pilvi Takala and Suvituulia Taponen

8. Disclosure rules within public procurement procedures and during contract implementation in France
Tiphaine Blay

9. Disclosure rules within public procurement procedures and during contract period - German country report
Martin Burgi and Marinus Pöhlmann

10. Disclosure of public procurement documents in Italy: a major effort in the fight against corruption, but still to be completed
Mario E. Comba

11. Disclosure rules applicable to public procurement procedures and during contract period. The case of Poland
Piotr Bogdanowicz

12. Transparency in Public Procurement in Romania: Formal Compliance, Obscure Hidden Agendas
Bogdana Neamtu and Dacian C. Dragos

13. Transparency in public procurement in the Spanish legal system
Patricia Valcárcel Fernández

14. Disclosure rules within public procurement procedures and during contract period in the United Kingdom
Paul Henty and Rory Ashmore


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