The Law of EU Public Procurement

Public procurement is an important and rapidly evolving area of practice in the European commercial legal environment, and the Court of Justice of the European Union (CJEU) has been instrumental in shaping the current regime. The size of the market, the volume of transactions between public and private sectors, and new developments in the interface between sectors has created a need for a comprehensive conceptual framework to assess important law, policy, and jurisprudence. This book offers a lucid and authoritative guide to the development and application of public procurement law in the European Union (EU) and its Member States, with a core focus on the principles and case law of the CJEU. It evaluates the policies which underpin public procurement regulation in the EU and the characteristics of public procurement litigation before the CJEU, and closely examines the Court's approach to different areas of public procurement, with insightful and in-depth analysis of the legislation and case law, and the themes that emerge in relation to the Fundamental Principles of EU Treaties. The book's holistic approach, comparing EU acquis on public procurement with the Member States' stance on both application and enforcement, make it an important and innovative reference for legal practitioners, judges, policy makers and academics.

Introduction ; 1. Public Procurement in the European Union context ; 2. The Principles of Public Procurement Regulation in the European Union ; 3. The Judicial nature of Public Procurement Regulation ; 4. The Applicability of the Public Procurement rules ; 5. The Concept of Contracting Authorities in Public Procurement ; 6. The Concept of Public Contracts in Public Procurement ; 7. Technical Standards and Specifications ; 8. Selection and Pre-qualification ; 9. Award Procedures ; 10. Award Criteria ; 11. Utilities procurement ; 12. Defence and Security Procurement ; 13. Public-Private Partnerships and Concessions ; 14. Electronic Procurement ; 15. Remedies and access to justice at national level ; 16. EU Public Procurement and the WTO: Extra-territorial application and enforcement ; Conclusions