Public Procurement in the European Union
This book provides invaluable insights to one of the most difficult areas of European integration. Public procurement represents an instrument of policy choice for governments and its regulation interacts with a variety of policies, including the promotio
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Public Procurement in the European Union By Christopher Bovis
© Christopher Bovis 2005 Softcover reprint of the hardcover 1st edition 2005 978-1-4039-3607-3 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2005 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N. Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-1-349-51836-4 DO I 10.1057/9780230501447
ISBN 978-0-230-50144-7 (eBook)
This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Bovis, Christopher. Public procurement in the European Union / by Christopher Bovis. p. cm. Includes bibliographical references and index. 1. Government purchasing–Law and legislation–European Union countries. 2. Public contracts–European Union countries. I. Title. KJE5632.B687 2005 346.2402′3–dc22
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Contents Cases before the European Court of Justice
xiii
Foreword
xix
Introduction
1
The emergence of public markets and their interface with the common market The public policy dimension in public procurement Regionalism and public procurement The industrial policy potential in public procurement Public procurement and defence
1 5 6 9 10
Chapter 1 European Integration and Public Procurement
14
Introduction Public procurement as a component of the common market The conceptual elements of public procurement regulation The evolution of public procurement regulation
14 14 17 23
Chapter 2
33
Public Procurement Regulation
Introduction
33
Part 1 The legal regime on public procurement The supplies procurement The works procurement Utilities procurement Procurement of services Enforcement and compliance: The Compliance Directives The WTO Government Procu
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