European Procurement Law series – serie

This informative book investigates the role of public procurement law in regulating the acquisition of artificial intelligence (AI) systems for use in public administration in EU Member States.Buying AI highlights the need to ensure that AI systems meet legal and practical requirements such as control, transparency and functionality, exploring the extent to which the existing public procurement laws of Member States can implement these conditions. The book features in-depth analyses of public procurement organisations, procedures and instruments in Austria, Denmark, France, Germany, Italy, Spain and the UK, as well as detailed comparisons of their respective legal frameworks. Expert authors provide a useful toolbox for effectively ensuring that AI systems can be employed in the correct normative and practical contexts of public administration.Examining the effect of the 2024 European AI Act, this unique book is an essential resource for students and scholars of commercial law, European law, international economic law and trade law. It is also beneficial to law firms and solicitors advising on public procurement.

This innovative book explores potential amendments to the Classic EU Procurement Directive (2014/24/EU), building on the existing debate surrounding the reform of this instrument. Each chapter contains in-depth analysis on the most important and timely legal discussions in the field of procurement law and puts forward concrete ideas for ongoing reforms.Expert contributors introduce and discuss potential reforms, examining notions that reflect on the directive’s scope. Chapters focus on the importance of improving and fostering competition, highlighting the instrumental use of public procurement competition rules and analyzing the expansion of the rules on contract performance. In addition, the book explores emerging issues such as greening the EU, climate change and social injustice, among other key topics. Overall, this book serves to spur academic and policy debates in order to inform and drive future change in EU public procurement law.Reforming EU Public Procurement is a crucial resource for students and scholars of public procurement law, European law and commercial law. Practitioners, NGOs, lobbyists, think tanks and representative bodies involved in the legislative process will benefit from the novel ideas for interpretation of legal concepts and their implementation in this book.

This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom.The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes.Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read.Contributors include: R. Ågren, P. Bogdanowicz, M. Burgi, R. Caranta, M. Comba, D. Dragos, P. Ferk, K. Härginen, F. Lichère, B. Neamtu, S. Richetto, A. Sanchez Graells, M.A. Simovart, A. Sundstrand, S. Treumer, P. Valcárcel Fernández, D. Wolff

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 timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States’ distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK. Through comprehensive comparative analysis, this book investigates competition law and SMEs, economic and management perspectives, and centralised public purchasing during the COVID-19 pandemic within the sphere of CPBs and joint procurement. Chapters explore the use of procurement techniques and electronic instruments by CPBs and the liability and remedies perspectives of CPBs and their users.Providing a complete overview of CPBs structure in different Member States and the aspects of joint procurements, Centralising Public Procurement will be of interest to students and scholars of European and commercial law. It also offers important insights for CPBs themselves, practitioners and policy-makers, as well as contracting authorities using CPBs in the different Member States.

Contract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.Highlighting the discord between the transparency of the award of a public contract and the transparency of its implementation, the book interprets the execution phase of procurement contracts as the dark side of public procurement. Considering unforeseen circumstances, the change of the identity of the contractor, non-compliance and remedies, this book provides a unique insight into the challenges of interpretation and application of contract modification rules. It concludes that, whilst the flexibility to make contract amendments is required in some circumstances, the grounding principles of public procurement law must be considered and applied in these instances.This original book will be of interest to researchers who are working in public procurement, European and comparative law. It will also be valuable to lawyers, contractors and policymakers involved with public procurement contracts, contracting authorities and advising private companies.