Discretion in EU public procurement law

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書誌事項

Discretion in EU public procurement law

edited by Sanja Bogojević, Xavier Groussot and Jörgen Hettne

（Studies of the Oxford Institute of European and Comparative Law, v. 26）

Hart, 2019

  • : hbk

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

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 Joergen 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? Joergen 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 Joergen Hettne

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