Edited by Steen Treumer, Faculty of Law, University of Copenhagen, Denmark and Mario Comba, Law Department, University of Turin, Italy
Modernising Public Procurement offers an in-depth analysis of the recent implementation of the Public Procurement Directive. The analysis is based on the experiences of twelve Member States including the United Kingdom, Germany, France, Italy, Spain and Poland. Within this work, Steen Treumer and Mario Comba alongside first-class experts in the field of public procurement law, focus on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable.
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 focusing 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.
‘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
Contributors: R. Ågren, P. Bogdanowicz, M. Burgi, M. Comba, D. Dragos, B. Ferk, P. Ferk, K.-M. Halonen, K. Härginen, F. Lichère, B. Neamtu, S. Richetto, A. Sanchez-Graells, M.A. Simovart, A. Sundstrand, S. Treumer, P. Valcárcel Fernández, D. Wolff