The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
Table Of Contents
PART I
INTRODUCTION
1. The 'Age of Discretion': Understanding the Scope and Limits of Discretion in EU Public Procurement Law
Sanja Bogojevic, Xavier Groussot and Jörgen Hettne
PART II
DISCRETION IN EU INTERNAL MARKET LAWS
2. EU Law on Public Procurement: Internal Market Law Made Better
Stephen Weatherill
3. The Drivers and Boundaries of Discretion in the Award of Public Contracts
Christopher H Bovis
4. Some Reflections on the 'Artificial Narrowing of Competition' as a Check on Executive Discretion in Public Procurement
Albert Sanchez-Graells
5. The Obligation of Transparency in EU Public Procurement Law
Angelica Ericsson and Xavier Groussot
PART III
DISCRETION IN PURSUING STRATEGIC GOALS UNDER THE EU PUBLIC PROCUREMENT REGIME
6. Contracting Authorities and Strategic Goals of Public Procurement – A Relationship Defined by Discretion?
Marta Andhov
7. Public Procurement and European Standards: Fair Competition or Limits to Discretion?
Jörgen Hettne
8. Mapping Public Procurement and Environmental Law Intersections in Discretionary Space
Sanja Bogojevic
PART IV
DISCRETION IN PUBLIC PROCUREMENT REGIMES BEYOND THE EU
9. Discretion, Divergence, Paradox: Public and Private Supply Chain Standards on Human Rights
Claire Methven O'Brien and Olga Martin-Ortega
10. EU and US Discretion in Public Procurement Law: The Role of Eco-Labels and Life-Cycle Costing
Jason J Czarnezki
11. Regulating Procurement by European Research Infrastructure Consortia (ERICs) and the Exemption for International Organisations
Ohad Graber-Soudry
PART V
LOOKING AHEAD
12. Looking Ahead: A 'New Age' of Proportionality?
Sanja Bogojevic, Xavier Groussot and Jörgen Hettne
