EU Public Procurement Law

EU Public Procurement Law

Second Edition

Elgar European Law series

Christopher H. Bovis

In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the Member States.

Preface

Christopher H. Bovis

Subjects: law - academic, european law, politics and public policy, public policy

Extract

The 21st century has begun with European Institutions striving for competitiveness and growth in the European Union. One of the most important drivers for both competitiveness and growth in the Member States is the regulation of public procurement. The regulation of public procurement in the European Union has multiple dimensions, as a discipline of European law and policy, directly relevant to the fundamental principles of the common market and as a policy instrument in the hands of Member States. Its purpose is to insert a regime of competitiveness in the relevant markets and eliminate all non-tariff barriers to intracommunity trade that emanate from preferential purchasing practices which favour national undertakings. The regulation of public procurement represents best practice in the delivery of public services by the state and its organs and facilitates the observance of well-embedded principles such as accountability for public expenditure, avoidance of corruption and political manipulation. This book aims to provide the reader with a comprehensive analysis of the law and jurisprudence which have shaped the landscape of the regulation of public procurement in the European Union and its Member States. In Chapter 1 public procurement is positioned within the context of the single market in the European Union. The objective of this chapter is to provide the necessary links between the regulation of public procurement and the remit of European law. This chapter reveals the concept of public markets and the economic policy dimension in the regulation of public procurement. It also points out the policy...