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Reformation or Deformation of the EU Public Procurement Rules

Genres: Procurement law
Format: Hardback
Publisher: Edward Elgar Publishing Ltd, Cheltenham, United Kingdom
Published: 25th Nov 2016
Dimensions: w 152mm h 244mm d 28mm
Weight: 790g
ISBN-10: 1785361805
ISBN-13: 9781785361807
Barcode No: 9781785361807
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Synopsis
Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law and policy makers as well as legal practitioners will also find its practical approach compelling.

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'Public procurement matters a lot in political and economic terms. This was clear during the legislative process leading to the 2014 reform. The contributions collected in this book offer a timely and clever account of the implications of the increasing politicisation of EU public procurement law whilst at the same time assessing possible developments of the CJEU case law based on both precedents and the reform. The book commends itself to different readers, those studying how EU law is made and those in the practice trying to make sense of a reform which has much deformed public procurement law as we knew it.' --Roberto Caranta, University of Turin, Italy'Reformation or Deformation of the EU Public Procurement Rules reveals an innovative and fresh approach to the functioning of the European Union public procurement framework and focuses on the need to reform the practice and application of the relevant complex and often contradicting rules. The book consists of an edited collection of essays which provide an in-depth critical assessment of the public procurement framework. The editors have produced an excellent inter-disciplinary contribution to the academic literature of public procurement which will enrich discourse, research and policy making in European integration.' --Christopher Bovis, University of Hull, UK