Beschreibung:
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.
PART IINTRODUCTION1. The 'Age of Discretion': Understanding the Scope and Limits of Discretion in EU Public Procurement Law Sanja Bogojevic, Xavier Groussot and Jörgen Hettne PART IIDISCRETION IN EU INTERNAL MARKET LAWS2. EU Law on Public Procurement: Internal Market Law Made Better Stephen Weatherill3. The Drivers and Boundaries of Discretion in the Award of Public Contracts Christopher H Bovis4. Some Reflections on the 'Artificial Narrowing of Competition' as a Check on Executive Discretion in Public Procurement Albert Sanchez-Graells5. The Obligation of Transparency in EU Public Procurement Law Angelica Ericsson and Xavier Groussot PART IIIDISCRETION IN PURSUING STRATEGIC GOALS UNDER THE EU PUBLIC PROCUREMENT REGIME6. Contracting Authorities and Strategic Goals of Public Procurement - A Relationship Defined by Discretion? Marta Andhov7. Public Procurement and European Standards: Fair Competition or Limits to Discretion? Jörgen Hettne8. Mapping Public Procurement and Environmental Law Intersections in Discretionary Space Sanja Bogojevic PART IVDISCRETION IN PUBLIC PROCUREMENT REGIMES BEYOND THE EU9. Discretion, Divergence, Paradox: Public and Private Supply Chain Standards on Human Rights Claire Methven O'Brien and Olga Martin-Ortega10. EU and US Discretion in Public Procurement Law: The Role of Eco-Labels and Life-Cycle Costing Jason J Czarnezki11. Regulating Procurement by European Research Infrastructure Consortia (ERICs) and the Exemption for International Organisations Ohad Graber-Soudry PART VLOOKING AHEAD12. Looking Ahead: A 'New Age' of Proportionality? Sanja Bogojevic, Xavier Groussot and Jörgen Hettne