A Handbook on Discretion in Public Procurement PDF Download
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Author: Despoina Kotsi
Publisher: Cambridge Scholars Publishing
ISBN: 1527552020
Category : Law
Languages : en
Pages : 386
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Book Description
This handbook details an EU case law approach to the concept of discretionary eligibility within the context of public procurement. It provides examples from the jurisprudence of the Court of Justice of the European Union (CJEU) in order to provide insights into applicable discretionary power on the part of the contracting authority. The measurement of its tolerable range, as shown here, is directly related to the entire range of European law, and in particular to the general principles guiding its very own European spirit. Both EU and WTO grammatical interpretations are highlighted here as legitimized limits to the discretionary power exercised by public authorities.
Author: Despoina Kotsi
Publisher: Cambridge Scholars Publishing
ISBN: 1527552020
Category : Law
Languages : en
Pages : 386
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Book Description
This handbook details an EU case law approach to the concept of discretionary eligibility within the context of public procurement. It provides examples from the jurisprudence of the Court of Justice of the European Union (CJEU) in order to provide insights into applicable discretionary power on the part of the contracting authority. The measurement of its tolerable range, as shown here, is directly related to the entire range of European law, and in particular to the general principles guiding its very own European spirit. Both EU and WTO grammatical interpretations are highlighted here as legitimized limits to the discretionary power exercised by public authorities.
Author: Steven Kelman
Publisher: A E I Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
Using federal procurement of computer systems, the author shows the effects of practices designed to prevent collusion between vendors and officials.
Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
ISBN: 1509919481
Category : Law
Languages : en
Pages : 321
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Book Description
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.
Author: Grith Skovgaard Ølykke
Publisher: Edward Elgar Publishing
ISBN: 1785361813
Category : Government purchasing
Languages : en
Pages : 439
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Book Description
Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
ISBN: 1509919503
Category : Law
Languages : en
Pages : 321
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Book Description
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.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Claude Ménard
Publisher: Edward Elgar Publishing
ISBN: 1848449283
Category : Business & Economics
Languages : en
Pages : 405
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Book Description
After 25 years of industry restructuring, regulatory reform and deregulation across many industrial sectors in many countries, it is an appropriate time to take stock of the impacts of these reforms on consumers, producers and overall economic performance. This book contains the latest thinking on these issues by a distinguished international group of scholars. It s a collection of essays for our time that is well worth reading. Paul L. Joskow, Massachusetts Institute of Technology, US The most exciting development in the study of regulation in the past quarter century is research on the incentives that are created by the details of the procedures for creating and enforcing regulatory rules. This book brings together a rich collection of studies that collectively advance our understanding of the effect of regulatory governance on the performance of regulated firms, with important lessons about how to design more effective regulatory instruments and processes. Roger G. Noll, Stanford University, US Cycles of poorly-designed or weakly-enforced regulation, disappointing performance and political over-reaction are now familiar to students of regulated industries. Nourished by recent developments in the economics of incentives, including their transaction costs and property rights dimensions, and written by renowned experts in the field, Regulation, Deregulation, Reregulation is a must-read for all those interested in the economics and politics of regulation. A timely book, the publication of which coincides with the designing of a post-subprime regulatory framework for the financial industry. Jean Tirole, Toulouse School of Economics, France Building on Oliver Williamson s original analysis, the contributors introduce new ideas, different perspectives and provide tools for better understanding changes in the approach to regulation, the reform of public utilities, and the complex problems of governance. They draw largely upon a transaction cost approach, highlighting the challenges faced by major economic sectors and identifying critical flaws in prevailing views on regulation. Deeply rooted in sector analysis, the book conveys a central message of new institutional economics: that theory should be continuously confronted by facts, and reformed or revolutionized accordingly. With its emphasis on the institutional embeddedness of regulatory issues and the problems generated by the benign neglect of institutional factors in the reform of major public utilities, this book will provide a wide-ranging audience with challenging views on the dynamics of regulatory approaches. Economists, political scientists, postgraduate students, researchers and policymakers with an interest in institutional economics and economic organization will find the book to be a stimulating and enlightening read.
Author: Jean-Jacques Laffont
Publisher: MIT Press
ISBN: 9780262121743
Category : Business & Economics
Languages : en
Pages : 746
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Book Description
Based on their work in the application of principal-agent theory to questions of regulation, Laffont and Tirole develop a synthetic approach to this field, focusing on the regulation of natural monopolies such as military contractors, utility companies and transportation authorities.
Author: Olga Martin-Ortega
Publisher: Edward Elgar Publishing
ISBN: 1788116313
Category : Law
Languages : en
Pages : 267
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Book Description
This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.
Author: Esra Çeviker Gürakar
Publisher: Springer
ISBN: 1137591854
Category : Political Science
Languages : en
Pages : 138
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Book Description
This book, through an analysis of 49,355 high value public procurement contracts awarded between 2004 and 2011, provides systematic evidence on favoritism in public procurement in Turkey. Public procurement is one of the main areas where the government and the private sector interact extensively and is thus open to favoritism and corruption. In Turkey, the new Public Procurement Law, which was drafted with the pull of the EU-IMF-WB nexus, has been amended more than 150 times by the AKP government. In addition to examining favoritism, this book also demonstrates how the legal amendments have increased the use of less competitive procurement methods and discretion in awarding contracts. The results reveal that the AKP majority government has used public procurement as an influential tool both to increase its electoral success, build its own elites and finance politics. The use of public procurement for rent creation and distribution is found to be particularly extensive in the construction and the services sector through the TOKİ projects and the Municipal procurements.
