Sue Arrowsmith

Horizontal policies in public procurement: a taxonomy

Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This article elaborates a detailed taxonomy of such “horizontal” policies. This study is valuable, first, to facilitate analysis of the practical phenomenon of horizontal policies and of the policy implications of different approaches and, second, to illuminate and develop the relevant regulatory frameworks under national and international regimes. The taxonomy is based on three key distinctions between the following: 1. policies limited to securing compliance with legal requirements and those that go beyond such requirements; 2. policies applied only to the contract awarded and those that go beyond it; and 3. nine different mechanisms by which policies are implemented in the procurement process.

Towards a Multilateral Agreement on Transparency in Government Procurement

Governments have traditionally tended to place procurement contracts with domestic industry and this may distort the natural patterns of international trade, creating inefficiencies in the global economy. As global, regional and bilateral initiatives have met with increasing success in reducing trade barriers such as quantitative restrictions and tariffs, greater attention is now being focused on the remaining barriers, including closed government procurement.

Social and environmental policies in EC procurement law : new directives and new directions

In developing public procurement policy, governments are often concerned not only with value for money but also with promoting their social and environmental objectives. However, imposing social and environmental requirements makes it harder for some suppliers to participate in public procurement. EC law thus limits the ability of national governments to implement such policies. But how should the balance be struck between these trade concerns and the desire of national governments to use procurement as a policy tool? And should the EC even harness Member States’ procurement power to EC-wide objectives, such as green energy policy? Despite the new provisions included in the EC’s new (2004) procurement directives, important issues remain unresolved. This volume focuses on new issues in the field, notably the innovative provisions in the new directives, new academic thinking and areas neglected in the debate, such as the impact of EC law on the Corporate Social Responsibility policies of private utilities.

Social and Environmental Policies in EC Procurement Law: Index

In developing public procurement policy, governments are often concerned not only with value for money but also with promoting their social and environmental objectives. However, imposing social and environmental requirements makes it harder for some suppliers to participate in public procurement. EC law thus limits the ability of national governments to implement such policies. But how should the balance be struck between these trade concerns and the desire of national governments to use procurement as a policy tool? And should the EC even harness Member States’ procurement power to EC-wide objectives, such as green energy policy? Despite the new provisions included in the EC’s new (2004) procurement directives, important issues remain unresolved. This volume focuses on new issues in the field, notably the innovative provisions in the new directives, new academic thinking and areas neglected in the debate, such as the impact of EC law on the Corporate Social Responsibility policies of private utilities.

Competitive dialogue in EU procurement

Part I. Competitive Dialogue in the EU: 1. Competitive dialogue in EU law: a critical review Sue Arrowsmith and Steen Treumer 2. An analysis of use of competitive dialogue in the EU Sylvia de Mars and Richard Craven Part II. Competitive Dialogue in Selected Member States of the EU: 3. Competitive dialogue in the United Kingdom Sue Arrowsmith and Richard Craven 4. Competitive dialogue in France Sylvia de Mars and Frederique Olivier 5. Competitive dialogue in Germany Martin Burgi 6. Competitive dialogue in Denmark Steen Treumer 7. Competitive dialogue in Portugal Pedro Telles 8. Competitive dialogue in Spain Pedro Telles 9. Competitive dialogue in Poland Anna Gorzynska 10. Competitive dialogue in Lithuania Deividas Soloveicikas 11. Competitive dialogue in Italy Gabriella Racca and Dario Casalini 12. Competitive dialogue in The Netherlands Jacobien Muntz-Beekhuis and Marijke Nagelkerke.

Protecting The Interests of Bidders for Public Contracts; The Role of the Common Law

In the United Kingdom there has traditionally been little litigation over the award of public contracts. This is largely due to the absence, in the past, of formal rules regulating contract procedures, which might have founded a basis for legal actions. It is also to some extent a product of the reluctance of contractors to “bite the hand that feeds” and jeopardise their chances of future contracts; this factor may have discouraged contractors from taking advantage of the potentiality of common law doctrines for providing protection for bidders in the tendering process.

Competitive Dialogue in EU Procurement: Contents

Part I. Competitive Dialogue in the EU: 1. Competitive dialogue in EU law: a critical review Sue Arrowsmith and Steen Treumer 2. An analysis of use of competitive dialogue in the EU Sylvia de Mars and Richard Craven Part II. Competitive Dialogue in Selected Member States of the EU: 3. Competitive dialogue in the United Kingdom Sue Arrowsmith and Richard Craven 4. Competitive dialogue in France Sylvia de Mars and Frederique Olivier 5. Competitive dialogue in Germany Martin Burgi 6. Competitive dialogue in Denmark Steen Treumer 7. Competitive dialogue in Portugal Pedro Telles 8. Competitive dialogue in Spain Pedro Telles 9. Competitive dialogue in Poland Anna Gorzynska 10. Competitive dialogue in Lithuania Deividas Soloveicikas 11. Competitive dialogue in Italy Gabriella Racca and Dario Casalini 12. Competitive dialogue in The Netherlands Jacobien Muntz-Beekhuis and Marijke Nagelkerke.

Competitive Dialogue in EU Procurement: Frontmatter

Part I. Competitive Dialogue in the EU: 1. Competitive dialogue in EU law: a critical review Sue Arrowsmith and Steen Treumer 2. An analysis of use of competitive dialogue in the EU Sylvia de Mars and Richard Craven Part II. Competitive Dialogue in Selected Member States of the EU: 3. Competitive dialogue in the United Kingdom Sue Arrowsmith and Richard Craven 4. Competitive dialogue in France Sylvia de Mars and Frederique Olivier 5. Competitive dialogue in Germany Martin Burgi 6. Competitive dialogue in Denmark Steen Treumer 7. Competitive dialogue in Portugal Pedro Telles 8. Competitive dialogue in Spain Pedro Telles 9. Competitive dialogue in Poland Anna Gorzynska 10. Competitive dialogue in Lithuania Deividas Soloveicikas 11. Competitive dialogue in Italy Gabriella Racca and Dario Casalini 12. Competitive dialogue in The Netherlands Jacobien Muntz-Beekhuis and Marijke Nagelkerke.

Competitive Dialogue in EU Procurement: Index

Part I. Competitive Dialogue in the EU: 1. Competitive dialogue in EU law: a critical review Sue Arrowsmith and Steen Treumer 2. An analysis of use of competitive dialogue in the EU Sylvia de Mars and Richard Craven Part II. Competitive Dialogue in Selected Member States of the EU: 3. Competitive dialogue in the United Kingdom Sue Arrowsmith and Richard Craven 4. Competitive dialogue in France Sylvia de Mars and Frederique Olivier 5. Competitive dialogue in Germany Martin Burgi 6. Competitive dialogue in Denmark Steen Treumer 7. Competitive dialogue in Portugal Pedro Telles 8. Competitive dialogue in Spain Pedro Telles 9. Competitive dialogue in Poland Anna Gorzynska 10. Competitive dialogue in Lithuania Deividas Soloveicikas 11. Competitive dialogue in Italy Gabriella Racca and Dario Casalini 12. Competitive dialogue in The Netherlands Jacobien Muntz-Beekhuis and Marijke Nagelkerke.

Competitive Dialogue in EU Procurement: Notes on Contributors

Part I. Competitive Dialogue in the EU: 1. Competitive dialogue in EU law: a critical review Sue Arrowsmith and Steen Treumer 2. An analysis of use of competitive dialogue in the EU Sylvia de Mars and Richard Craven Part II. Competitive Dialogue in Selected Member States of the EU: 3. Competitive dialogue in the United Kingdom Sue Arrowsmith and Richard Craven 4. Competitive dialogue in France Sylvia de Mars and Frederique Olivier 5. Competitive dialogue in Germany Martin Burgi 6. Competitive dialogue in Denmark Steen Treumer 7. Competitive dialogue in Portugal Pedro Telles 8. Competitive dialogue in Spain Pedro Telles 9. Competitive dialogue in Poland Anna Gorzynska 10. Competitive dialogue in Lithuania Deividas Soloveicikas 11. Competitive dialogue in Italy Gabriella Racca and Dario Casalini 12. Competitive dialogue in The Netherlands Jacobien Muntz-Beekhuis and Marijke Nagelkerke.