| Description |
1 online resource (358 pages) |
| Physical Medium |
polychrome |
| Description |
text file |
| Contents |
Intro; Table of contents; List of abbreviations; CHAPTER 1 INTRODUCTION; 1. The nexus: EU public procurement law & self-organisation; 2. Methodology & research question; 2.1. General methodology and main research question; 2.1.1. Tensions & reconciliations; 2.2. Three subsequent analyses; 2.2.1. Allocation of responsibilities and competences; 2.2.2. Make-or-buy decision; 2.2.3. Service provision by public authorities; 2.3. Specific methodology; 3. Sources; 4. Terminology; 5. Structure; CHAPTER 2 UNDERSTANDING THE NEXUS: EU PUBLIC PROCUREMENT LAW |
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1. Achieving societal value through public procurement2. Regulating public procurement in the EU; 2.1. Free movement in the context of the internal market; 2.2. A new batch of Directives on public procurement in 2014; 2.3. The EU Commission's efforts in soft law; 2.4. The CJEU's case law to provide interpretative clarity; 2.5. Creating a level playing field through legal principles; 3. The scope of EU public procurement law; 3.1. Ratio personae: the concept of contracting authority; 3.1.1. The traditional authorities: the State, regional or local authorities |
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3.1.2. Understanding the criteria of 'bodies governed by public law'3.1.2.1. Established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; 3.1.2.2. Legal personality; 3.1.2.3. Close dependency; 3.1.2.3.1. Financial dependency; 3.1.2.3.2. Management supervisory dependency; 3.1.2.3.3. Composition of the administrative, managerial or administrative board; 3.2. Ratio materiae: the concepts of public contract and concession contract; 3.2.1. Understanding the criteria of a public contract |
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3.2.1.1. An agreement between one or more economic operators and one or more contracting authorities3.2.1.1.1. Bilateralism; 3.2.1.1.2. Concordance of wills; 3.2.1.1.3. The new criterion of selectivity; 3.2.1.1.4. Duty to perform and enforceability; 3.2.1.2. A relationship for pecuniary interest; 3.2.2. Understanding the criteria of a concession contract; 3.2.2.1. The right to perform and financial payment; 3.2.2.2. Transferring risk to the concessionaire; 4. Exemptions from the scope of EU public procurement law; 4.1. The need for strict interpretation of exemptions |
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4.2. No general exemption for the public sphere4.3. The burden of proof rests on those who invoke the exemption; 5. Concluding remarks; CHAPTER 3 UNDERSTANDING THE NEXUS: SELF-ORGANISATION OF THE EU MEMBER STATES; 1. Competences: self-organisation vs. achieving an internal market for public procurement; 2. Excluding the allocation of responsibilities and competences from EU public procurement law; 3. The influence of the European Charter of Local Self-Government on self-organisation in the EU; 4. Exempting institutionalised cooperation from EU public procurement law |
| Note |
5. Excluding self-supply and the make-or-buy decision from EU public procurement law |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Government purchasing -- Law and legislation -- European Union countries.
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Government purchasing -- Law and legislation. |
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European Union countries. |
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Public contracts -- European Union countries.
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Public contracts. |
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International and municipal law -- European Union countries.
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International and municipal law. |
| Genre/Form |
Electronic books.
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| Added Title |
EU Public Procurement Law and Self-Organisation |
| Other Form: |
Print version: Janssen, Willem. EU Public Procurement Law and Self-Organisation : A Nexus of Tensions and Reconciliations. Portland : Eleven International Publishing, ©2018 9789462368637 |
| ISBN |
9462749078 |
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9789462749078 (electronic book) |
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