Roberto Caranta - Böcker

This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.

Public institutions, companies and governments in the EU and around the worldare increasingly engaging in sustainable public procurement – a broad conceptthat must consider the three pillars of economic equality, social welfare and publichealth and environmental responsibility when designing public tenders andfinalizing government contracts.This book contributes to the development of life-cycle criteria tools and methodologiesfor public procurement in the EU. It collects both sector-crossing contributionsanalysing the most relevant theoretical and legal aspects, includingboth EU law and contract theory, and sector-specific contributions relating tosome of the most important sustainable goods and services markets. The bookstarts with a chapter that discusses the different approaches to including sustainabilityconsiderations in buying decisions by both private and public purchasers,and then goes on to examine the EU law on LCC and how it is implementedin different Member States. These chapters address the challenges in balancingeconomic and sustainability objectives under EU internal market law. Onechapter develops the analysis with specific reference to public-private partnership.Another chapter elaborates how multi-stakeholders’ cooperation is necessary todevelop LCC, based on a case study of a lighting services procurement. Threesector-specific studies relating to social housing, textile and clothing and IT closethe book.With contributors from a range of backgrounds including law, business, management,engineering and policy development, this interdisciplinary book providesthe first comprehensive study on LCC within the framework of EU publicprocurement law.

Public institutions, companies and governments in the EU and around the worldare increasingly engaging in sustainable public procurement – a broad conceptthat must consider the three pillars of economic equality, social welfare and publichealth and environmental responsibility when designing public tenders andfinalizing government contracts.This book contributes to the development of life-cycle criteria tools and methodologiesfor public procurement in the EU. It collects both sector-crossing contributionsanalysing the most relevant theoretical and legal aspects, includingboth EU law and contract theory, and sector-specific contributions relating tosome of the most important sustainable goods and services markets. The bookstarts with a chapter that discusses the different approaches to including sustainabilityconsiderations in buying decisions by both private and public purchasers,and then goes on to examine the EU law on LCC and how it is implementedin different Member States. These chapters address the challenges in balancingeconomic and sustainability objectives under EU internal market law. Onechapter develops the analysis with specific reference to public-private partnership.Another chapter elaborates how multi-stakeholders’ cooperation is necessary todevelop LCC, based on a case study of a lighting services procurement. Threesector-specific studies relating to social housing, textile and clothing and IT closethe book.With contributors from a range of backgrounds including law, business, management,engineering and policy development, this interdisciplinary book providesthe first comprehensive study on LCC within the framework of EU publicprocurement law.

The book examines sustainable food procurement policy and practice in the European Union and beyond, exploring the extent to which sustainability objectives have been achieved and evaluating the new developments taking place at both EU and national levels.While there is a growing recognition that public authorities can use public procurement as a policy tool to pursue multiple environmental, health and socio-economic objectives, contracting authorities still face many challenges. This volume investigates the scope for pursuing sustainable objectives in public procurement of food and catering services, examining different regulatory contexts and organisational models to answer the overall question of how to integrate sustainability concerns into the various phases of public food procurement processes. Contributions in the book examine the policy and legal procurement framework and practices for sustainable public catering in three EU Member States: Italy, France and Spain. There is a comparative survey of the Baltic Region, including Denmark, Estonia, Finland, Poland and Russia, and moving beyond the EU, there is examination of the UK and Brazil, as well as a cross country comparison of the UK with Denmark and Sweden. Drawing on the expertise of an interdisciplinary and intersectoral team of contributors allows the book to benefit from the insights of different disciplines, including business sciences, anthropology and law. Tapping into the global discussion on public food procurement as a means to achieve multiple social and environmental goals, this work will stimulate readers looking for new creative ways to create value through public food purchasing.This book will be of great interest to students, researchers, policymakers and public- and private-sector representatives interested in public procurement, food policy and law, sustainable food sourcing and supply chain management.

The book examines sustainable food procurement policy and practice in the European Union and beyond, exploring the extent to which sustainability objectives have been achieved and evaluating the new developments taking place at both EU and national levels.While there is a growing recognition that public authorities can use public procurement as a policy tool to pursue multiple environmental, health and socio-economic objectives, contracting authorities still face many challenges. This volume investigates the scope for pursuing sustainable objectives in public procurement of food and catering services, examining different regulatory contexts and organisational models to answer the overall question of how to integrate sustainability concerns into the various phases of public food procurement processes. Contributions in the book examine the policy and legal procurement framework and practices for sustainable public catering in three EU Member States: Italy, France and Spain. There is a comparative survey of the Baltic Region, including Denmark, Estonia, Finland, Poland and Russia, and moving beyond the EU, there is examination of the UK and Brazil, as well as a cross country comparison of the UK with Denmark and Sweden. Drawing on the expertise of an interdisciplinary and intersectoral team of contributors allows the book to benefit from the insights of different disciplines, including business sciences, anthropology and law. Tapping into the global discussion on public food procurement as a means to achieve multiple social and environmental goals, this work will stimulate readers looking for new creative ways to create value through public food purchasing.This book will be of great interest to students, researchers, policymakers and public- and private-sector representatives interested in public procurement, food policy and law, sustainable food sourcing and supply chain management.

This book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law.Traditionally, EU public procurement law focused on ‘how to buy’, dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services.Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator’s move towards regulating ‘what to buy’. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal.The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt.This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.

This book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law.Traditionally, EU public procurement law focused on ‘how to buy’, dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services.Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator’s move towards regulating ‘what to buy’. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal.The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt.This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.

This book analyses the ways in which Article 9 of the Aarhus Convention enables environmental access to justice in the Balkans, a region at the epicentre of extreme climate change events.Adopting a law-in-context approach, the chapters explore national cultures and driving forces shaping the implementation of Aarhus standards in Albania, Croatia, North Macedonia, Romania, Slovenia and Serbia, paving the way for their comparative assessment.The book combines EU law and the case law of the European Court of Human Rights with the bottom-up Europeanisation brought about by rising environmental protests and the activism of civil society organisations in the region. In doing so, it explores the extent to which these Balkan countries comply with requirements stemming from Article 9 of the Aarhus Convention, and whether, despite national differences, it is possible to talk about Europeanisation of access to justice in environmental matters.The interdisciplinary approach and geographical scope of the book make it an important read for academics and practitioners, as well as for the civil society sector and policy makers grappling with the normative and practical challenges around environmental access to justice – both in and beyond Europe.

This book analyses the ways in which Article 9 of the Aarhus Convention enables environmental access to justice in the Balkans, a region at the epicentre of extreme climate change events.Adopting a law-in-context approach, the chapters explore national cultures and driving forces shaping the implementation of Aarhus standards in Albania, Croatia, North Macedonia, Romania, Slovenia and Serbia, paving the way for their comparative assessment.The book combines EU law and the case law of the European Court of Human Rights with the bottom-up Europeanisation brought about by rising environmental protests and the activism of civil society organisations in the region. In doing so, it explores the extent to which these Balkan countries comply with requirements stemming from Article 9 of the Aarhus Convention, and whether, despite national differences, it is possible to talk about Europeanisation of access to justice in environmental matters.The interdisciplinary approach and geographical scope of the book make it an important read for academics and practitioners, as well as for the civil society sector and policy makers grappling with the normative and practical challenges around environmental access to justice – both in and beyond Europe.

At a time when public administrations are increasingly subjected to transparency requirements this book provides timely analysis on the role of transparency in the context of public procurement within the EU. It provides a blend of theoretical analysis and practical insights into the operation of freedom of information requirements associated with the expenditure of public funds through purchasing, contracting out and commissioning activities. The first part of the book critically assesses a number of key issues surrounding transparency in public procurement including: corruption prevention, competition, commercial issues and access to remedies. The second part of the book features contributions from leading experts across ten European jurisdictions, providing a comparative view of transparency requirements and freedom of information rules in the context of public procurement. Overall the book provides a conceptual framework to understand the relationship between business secrets, freedom of information rules and the regulation of public procurement across Europe. This book will be of interest to scholars and students researching across public, administrative and comparative law. Practising lawyers who are involved with cross-border procurement tenders will also find this book to be a useful resource as it provides a comprehensive overview of regulatory standards at a national and European level.

This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.Key features include:Updated to include the most significant CJEU case law as of end-2020Analysis that is informed by the practical issues arising across the EU Member States, as well as in the UKWritten by a diverse pool of specialists in each of the aspects of the Directive upon which they comment, with the Commentary underpinned by their collective knowledge of public procurement law in the old 28 EU Member States.Providing a practice-oriented analysis that allows for a problem solving approach, European Public Procurement will be particularly relevant to practising lawyers including within the civil services in all EU jurisdictions and the UK. The depth of analysis offered in the Commentary will also be of great benefit to academics and postgraduate students with an interest in public procurement and, more generally, public law, administrative law and public administration.