A Handbook on Discretion in Public Procurement

A Handbook on Discretion in Public Procurement PDF

Author: Despoina Kotsi

Publisher: Cambridge Scholars Publishing

Published: 2020-05-19

Total Pages: 386

ISBN-13: 1527552020

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This handbook details an EU case law approach to the concept of discretionary eligibility within the context of public procurement. It provides examples from the jurisprudence of the Court of Justice of the European Union (CJEU) in order to provide insights into applicable discretionary power on the part of the contracting authority. The measurement of its tolerable range, as shown here, is directly related to the entire range of European law, and in particular to the general principles guiding its very own European spirit. Both EU and WTO grammatical interpretations are highlighted here as legitimized limits to the discretionary power exercised by public authorities.

Discretion in EU Public Procurement Law

Discretion in EU Public Procurement Law PDF

Author: Sanja Bogojevic

Publisher: Bloomsbury Publishing

Published: 2019-05-30

Total Pages: 320

ISBN-13: 1509919503

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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.

Procurement and Public Management

Procurement and Public Management PDF

Author: Steven Kelman

Publisher: A E I Press

Published: 1990

Total Pages: 232

ISBN-13:

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Using federal procurement of computer systems, the author shows the effects of practices designed to prevent collusion between vendors and officials.

International Handbook of Public Procurement

International Handbook of Public Procurement PDF

Author: Khi V. Thai

Publisher: Routledge

Published: 2017-09-25

Total Pages: 840

ISBN-13: 1351562398

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Since the 1990s, government at all levels is under increasing pressure to do more with less. However, despite the U.S. government spending about 15 to 20 percent of its GDP on contracts for goods and services, there is a paucity of reference books for public procurement officials and very few textbooks for courses on the subject. Filling this void, the International Handbook of Public Procurement provides the knowledge necessary to understand how procurement works and how to improve the cost-effectiveness of procurement systems. Taking a multidisciplinary approach, the book focuses on the managerial, economic, political, and legal aspects of this topic. It begins with a conceptual framework and highlights various reforms occurring in certain countries. By examining these improvements, readers are able to apply this knowledge to their own strategies. The next section presents selected cases that illustrate the public procurement process, examining systems in various nations including Germany, China, South Africa, Cambodia, Uganda, and Estonia. The book also discusses the rise of electronic procurement systems (E-procurement) and reviews the benefits of these efficient systems. Other topics presented in this comprehensive volume include practical discussions on contract negotiations, bidding, price strategies and cost analysis, and an insightful chapter on the market’s response to contract award announcements. A virtual encyclopedia from numerous international experts, this book was assembled by Khi V. Thai, Professor at Florida Atlantic University and Editor of the Journal of Public Procurement. Dr. Thai has provided technical assistance in the area of public procurement to governments across the world. Empowering those on all sides of the issue, this volume dispenses advice valuable to government officials and contractors, as well as providing a comprehensive text for public administration students.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

A Practical Guide to Public Procurement

A Practical Guide to Public Procurement PDF

Author: Abby Semple

Publisher: Oxford University Press, USA

Published: 2015-03-26

Total Pages: 288

ISBN-13: 9780198716112

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Offering a practical guide to public procurement under the new EU directives, A Practical Guide to Public Procurement considers the broader policy impacts, with emphasis on the implementation of public policy through procurement. It provides a critical perspective based on first-hand experience with public sector procurement.

OECD Principles for Integrity in Public Procurement

OECD Principles for Integrity in Public Procurement PDF

Author: OECD

Publisher: OECD Publishing

Published: 2009-03-24

Total Pages: 142

ISBN-13: 9264056521

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The OECD Principles for Integrity in Public Procurement are a ground-breaking instrument that promotes good governance in the entire procurement cycle, from needs assessment to contract management.

The Judge and the Proportionate Use of Discretion

The Judge and the Proportionate Use of Discretion PDF

Author: Sofia Ranchordás

Publisher: Routledge

Published: 2015-06-12

Total Pages: 208

ISBN-13: 1317606124

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This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.

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