Date: 1996
Type: Book
The EC public procurement rules : a critical analysis
Oxford : Clarendon Press, 1996
FERNÁNDEZ MARTÍN, José Maria, The EC public procurement rules : a critical analysis, Oxford : Clarendon Press, 1996
- https://hdl.handle.net/1814/76824
Retrieved from Cadmus, EUI Research Repository
In recent years and on the basis of its alleged economic imortance, the EC has undertaken an ambitious legal programme in the field of public procurement. However, despite the substantial modifications of domestic regulatory frameworks which have resulted, the adopted measures have proved largely ineffective. They have not achieved their main objective, which was to ensure European-wide competition in domestic public procurement. This book offers a comprehensive discussion of the Community public procurement legal policy and the reasons for its failure. The adequacy and convenience of the adopted supranational regulation is critically assessed in the light of the subsidiarity principle. In view of the conclusions reached, alternative policies are proposed. The book goes beyond a mere legal analysis of the issues involved. Economic, legal and political aspects which affect supranational regulation of public procurement are brought together in the discussion following a contextual approach.
Table of Contents:
-- General introduction -- 1. The evolution of European Community policy on public procurement -- 2. Public procurement in context: the political, economic and social dimensions of public procurement in the EC (I) -- 3. Public procurement in context: the political, economic and social dimensions of public procurement in the EC (II) -- General conclusions to chapters 2 and 3 -- 4. The ineffectiveness of the rules (I): the implementation level -- 5. The ineffectiveness of the rules (II): The application level -- 6. The enforcement level (I): The Commission's centralized enforcement of public procurement rules -- 7. The enforcement level (II): The Community system and the effective judicial protection of individual community rights -- 8. The enforcement level (III): The public sector remedies directive -- 9. The enforcement level (IV): The implementation of the remedies directive in France and Spain -- 10. The enforcement level (V): The implementation of the remedies directive in the United Kingdom and Germany -- General conclusions to chapters 7 to 10 -- Final conclusions
Cadmus permanent link: https://hdl.handle.net/1814/76824
ISBN: 9780198260172
Publisher: Clarendon Press
Initial version: https://hdl.handle.net/1814/4623
Version: Published version of EUI PhD thesis, 1993
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