Modernising Public Procurement: The New Directive (European Procurement Law Series) Paperback – 19 Dec 2014
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A STEP IN THE RIGHT DIRECTION FOR EU TRADE?
THE EXPERTS HAVE THEIR SAY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Tenderers competing for public contracts in the context of European Union law will find their endeavours fraught with legalities of a particularly complex kind – a situation not untypical of the complications of EU law. Certain observers of a critical bent would comment that EU law is ‘unnecessarily over-complicated’ and therefore ‘a gift for the critics of the EU.’
These thoughts certainly come to mind when one peruses the contents of this book, which as the title indicates, focuses on the new Public Procurement Directive. To be precise, this is Directive 2014/2/EU of 26 February 2014. Its aim -- one would assume -- has been to refine EU procurement law so as to make it more relevant to the needs of twenty-first century business within the EU.
It claims to fulfill a two-fold objective, namely to make the EU rules on public procurement simpler and more flexible. But has this dual objective been achieved? This book -- a new publication from DJOF Publishing in Denmark -- provides at least part of the answer. It is the sixth volume in DJOF’s European Procurement Law series -- and in this English language version -- will be of interest to academics and practitioners across the EU.
The book presents closely argued analysis -- by a team of twelve expert contributors, including the three editors -- of the various changes and reforms wrought by this new legislation. For example, there are new rules on and what are called ‘in-house and public-public partnerships’, as well as new award procedures implemented with the aim of fostering innovation and it is hoped, reducing or (hopefully) eliminating any possibilities for corruption.
As part of the ongoing debate on efficiency on public spending, one of the contributors, Mario E. Comba, points out that the main objective for public procurement directives should be the prohibition of discrimination, which one might gather, evolves from transparency and the elimination of trade barriers, with the end result of encouraging more cross-border trade.
Lawyers and indeed anyone seeking an analysis of the risks and opportunities presented by the new directive with its new procedural rules should acquire a copy of this book. Certainly, with its copious footnoting, list of cases and extensive bibliographies, it is a valuable source of information and research for those needing to enhance their understanding of this key development in EU law.
The publication date is cited as at 2014.