Full Description
This innovative book explores potential amendments to the Classic EU Procurement Directive (2014/24/EU), building on the existing debate surrounding the reform of this instrument. Each chapter contains in-depth analysis on the most important and timely legal discussions in the field of procurement law and puts forward concrete ideas for ongoing reforms.
Expert contributors introduce and discuss potential reforms, examining notions that reflect on the directive's scope. Chapters focus on the importance of improving and fostering competition, highlighting the instrumental use of public procurement competition rules and analyzing the expansion of the rules on contract performance. In addition, the book explores emerging issues such as greening the EU, climate change and social injustice, among other key topics. Overall, this book serves to spur academic and policy debates in order to inform and drive future change in EU public procurement law.
Reforming EU Public Procurement is a crucial resource for students and scholars of public procurement law, European law and commercial law. Practitioners, NGOs, lobbyists, think tanks and representative bodies involved in the legislative process will benefit from the novel ideas for interpretation of legal concepts and their implementation in this book.
Contents
Contents
1 The reform of Directive 2014/24/EU: A call for a full and not
a marginal reform 1
Willem A. Janssen, Kirsi-Maria Halonen, and François Lichère
PART I REFLECTING ON THE SCOPE OF THE DIRECTIVE
2 Expanding the scope of EU public procurement law:
Realigning the Classic Directive with its internal market logic
while improving its fit with strategic procurement? 11
Albert Sanchez-Graells
3 Fine-tuning the definition of "contracting authority" for
increased precision and clarity 25
Miguel Assis Raimundo
4 Reforming the rules on public-public cooperation: Towards
legal certainty for Article 12 of Directive 2014/24/EU? 38
Willem A. Janssen
PART II IMPROVING AND FOSTERING COMPETITION
5 Cooperation between economic operators in tendering 53
Kirsi-Maria Halonen and Kris Wauters
6 Strengthening exclusion grounds in EU public procurement
for greater fairness and transparency 68
Dacian C. Dragos
7 Simplification by introducing smarter submitting and
supplementing rules 83
Martin Burgi and Caroline Schulte Oestrich
8 Framework agreements: How to deal with the CJEU forced
contractualization 102
Mario E. Comba
9 Digitalisation and competition: Proposals for upcoming
public procurement reform 117
Gabriella M. Racca
10 (Choice of) award procedures: Past, present and future 133
Steven Van Garsse
11 Of many sticks and one mutant carrot: The new external
dimension of EU public contracts 149
Roberto Caranta
PART III THE INSTRUMENTAL USE OF PUBLIC PROCUREMENT
12 Environment and public procurement: Proposals for aligning
EU law with the European Green Deal 169
Penelope Giosa
13 Public procurement as a stronger leverage for social justice? 185
Nicolas Gabayet
14 Access for start-ups and small and medium-sized enterprises
and subcontracting 202
François Lichère and Cédric Bernard
15 Innovation and public procurement - the need for the law to
match the policy demands 216
Pedro Cerqueira Gomes
16 Reforming procurement for crisis: Proposals for simplified,
collaborative and equity responses 232
Annamaria La Chimia
PART IV EXPANDING THE RULES ON CONTRACT
PERFORMANCE
17 Modification of directives and contract modifications: Article
72 of Directive 2014/24/EU revisited 251
Piotr Bogdanowicz
18 To terminate or not to terminate 264
Ezgi Uysal
