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Edited by Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells

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Edited by Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells

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Transparency in EU Procurements

Disclosure Within Public Procurement and During Contract Execution

Edited by Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells

This book provides a timely analysis of transparency in public procurement law. In its first part, the book critically assesses a number of key matters from a general and comparative perspective, including corruption prevention, competition and commercial issues and access to remedies. The second part illustrates how the relevance of these aspects varies across member states of the EU.
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Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells

It follows from the CJEU case law that transparency is a general principle of EU public procurement law or at least a corollary of the general - and foundational - principle of non-discrimination. While this starting point is indisputable, how transparency translates into the rules and practices of procurement of the EU institutions and in the Member States varies very significantly. Harmonisation by the EU public procurement and concessions directives goes at times into much detail. This is for instance the case with the publication and content of the notice starting most contract award procedures. But much is left to the Member States while EU institutions apply discretely different rules. For instance, rules concerning access to documents of the award procedure and to the concluded contract are very scant or not given at all, and this is the case even if the remedies directives are taken into consideration.

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Arno R. Lodder

Arno R. Lodder (Vrije Universiteit Amsterdam) deals with the oldest extant e-commerce related directive, and arguably the most important one. Sometimes referred to as the mother directive, or framework directive. The directive discusses the establishment of information society service providers, for short e-commerce providers, and their exemption from liability. Other areas covered are, among others, information requirements, contractual aspects, commercial communications. Keywords: ISP liability, information society service providers, commercial communications, electronic contracting, information requirements

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Tatiani Eleni Synodinou

Tatiani Synodinou (University of Cyprus) discusses this Directive on copyright and related rights in the information society, often referred to as the Information Society Directive. In 2002 Michel Vivant ended his chapter on this Directive with: ‘[the] most peculiar aspect is not, to my mind, the effect of harmonisation but the fact that it singularly avoids any harmonisation! (…) How then can this be a “single market” of Treaties when the rules are radically different? How can we play the same game when the teams do not use the same rules? “Much ado about... little”? Let us hope not!’1 The new chapter discusses the Directive and how it has evolved over the years and demonstrates the Directive did have impact. Keywords: Communication to the public, copyright, copyright exemptions, digital rights management 1 M. Vivant (2002), Chapter 5 Directive 2001/29, in: A.R. Lodder & H.W.K. Kaspersen (eds.), eDirectives, Kluwer Law International, 117.

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Yin Harn Lee

Yin Harn Lee (Sheffield University) not only guides us through the articles of the Directive on the enforcement of intellectual property rights, but also provides an insightful analysis of the history behind this Directive. He discusses how the initial objectives gradually disappeared to the background and the Directive became the present often-debated regulatory instrument. Keywords: copyright, enforcement, intellectual property rights, trade marks

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Giovanna De Minico and Miriam Viggiano

Giovanna De Minico (University of Naples “Federico II") and Miriam Viggiano (Italian Data Protection Authority) analyse the parts of the Services Directive relevant for e-commerce. The scope of this Directive is broad, as is clear from the statement in the opening recital: ‘The European Community is seeking to forge ever closer links between the States and peoples of Europe and to ensure economic and social progress.’The authors conclude that the Directive has not achieved its objectives, yet. Keywords: services, information requirements, cross-border

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Christine Riefa

There is no business like e-business, a colleague used to say. The nature of money involved in doing business, online as well as offline, is becoming increasingly electronic. Christina Riefa (Brunel University) provides an insightful overview of the EU initiatives over the years addressing both e-money and payment services. The topic is complex, as for instance illustrated by the 117 Articles of Directive 2015/2366 on Payment Services, but clearly explained in this chapter. Keywords: e-money, payment services, financial services

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Christiana Markou

Unlike the proposed Directive on, in particular conformity of goods, that only covers online trade,1 the Consumer Rights Directive 2011/83/EC covers both business with consumers on premises and at a distance, including online. Christiana Markou (European University, Cyprus) focuses on the parts relevant for e-commerce, and clearly discusses all the ins and outs. Keywords: consumer rights, information requirements, right of withdrawal, distance selling 1 Proposal for a Directive on certain aspects concerning contracts for the online and other distance sales of goods, 9.12.2015, COM/2015/0635 final.