Edited by Kirsi-Maria Halonen, PhD (Eur), University of Lapland, Finland, Roberto Caranta, Turin University, Italy and Albert Sanchez-Graells, PhD (Eur), Law School, University of Bristol, UK
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.
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.
‘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