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.

Chapter 9: Procurement and partnerships

Christopher H. Bovis

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


INTRODUCTION The role and responsibilities of the European states in the process of delivering public services are constantly changing.1 Public services require state intervention for their provision, organization and delivery2 in a sui generis market place. This axiom implies the inability of competition law to regulate this market place,3 alongside an overwhelming need for safeguarding the principles of transparency and accountability, principles which underpin modern public sector governance.4 Traditionally, the role of the state has been as the conduit in providing public services.5 The term public services often refers to services which are offered to the general public, or highlights that a service has been assigned a L. Flynn, ‘Competition Policy and Public Services in EC Law after the Maastricht and Amsterdam Treaties’, in D. O’Keeffe and P. Tworney (eds), Legal Issues of the Amsterdam Treaty, Hart Publishing, 1999, pp. 196–197. 2 See European Commission, Report to the Laeken European Council: Services of General Interest, COM (2001) 598; European Commission, Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the Status of Work on the Examination of a Proposal for a Framework Directive on Services of General Interest, COM(2002) 689; European Commission, Green Paper on Services of General Interest, COM (2003) 270; European Commission, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: White Paper on services of general interest, COM...

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