Research Handbook on EU Public Procurement Law
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Research Handbook on EU Public Procurement Law

Edited by Christopher Bovis

The Research Handbook on EU Public Procurement Law makes a major contribution to our understanding of the EU public procurement regime, at a time when it is being implemented by the EU Member States, and of the pivotal role that this will play for the delivery of the European 2020 Growth Strategy. The internal market relies on a simplified regime in the European Union, which will result from procedural efficiencies and from streamlining the application of the substantive rules. The Research Handbook has comprehensive thematic coverage which includes: public procurement regulation, strategic procurement, justiciability in public procurement, public procurement and competition and public procurement and public service.
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Chapter 18: Public service partnerships

Christopher Bovis


European States are changing their role and their responsibilities in the process of delivering public services. Recent developments have shown that public services require state intervention for their provision, organization and delivery. Public services often emerge and interface in a sui generis marketplace that does not correspond to private markets. This axiom implies the relative inability of anti-trust law and policy to regulate this marketplace, alongside an overwhelming need for safeguarding the principles of transparency and accountability. The aforementioned principles underpin modern EU public sector governance. The notion of partnerships in delivering public services has been gaining intellectual credibility and has been attracting regulatory momentum over the last decade. This chapter focuses on the conceptual insights of instruments such as public-private partnerships, concessions and public forms of cooperation in the format of public-public partnerships and in-house arrangements. The objective is to elaborate on a new era in public sector management in the EU that links the concept of public service with current and future principles of public sector management. Diachronically and traditionally the role of the state has been as the conduit for providing public services. The term public services, which often refers to services that are offered to the general public, highlights that a service has been assigned a specific role in the public interest, or refers to the ownership or status of the entity providing the service.

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