Book contents
- Frontmatter
- Contents
- Contributors to the volume
- Preface
- Chronological table of cases
- Table of European legislation
- Table of UK legislation
- Editors' Note – the decision in Rüffert v. Land Niedersachsen
- 1 Public procurement and horizontal policies in EC law: general principles
- 2 EC regulation of public procurement
- 3 A taxonomy of horizontal policies in public procurement
- 4 Application of the EC Treaty and directives to horizontal policies: a critical review
- 5 The impact of the EC state aid rules on horizontal policies in public procurement
- 6 EC public procurement law and equality linkages: foundations for interpretation
- 7 Disability issues in public procurement
- 8 The legality of SME development policies under EC procurement law
- 9 The procurement of ‘green’ energy
- 10 Reconciling national autonomy and trade integration in the context of eco-labelling
- 11 CSR in the utilities sector and the implications of EC procurement policy: a framework for debate
- 12 Coordinating public procurement to support EU objectives – a first step? The case of exclusions for serious criminal offences
- Index
- References
4 - Application of the EC Treaty and directives to horizontal policies: a critical review
Published online by Cambridge University Press: 06 September 2009
Book contents
- Frontmatter
- Contents
- Contributors to the volume
- Preface
- Chronological table of cases
- Table of European legislation
- Table of UK legislation
- Editors' Note – the decision in Rüffert v. Land Niedersachsen
- 1 Public procurement and horizontal policies in EC law: general principles
- 2 EC regulation of public procurement
- 3 A taxonomy of horizontal policies in public procurement
- 4 Application of the EC Treaty and directives to horizontal policies: a critical review
- 5 The impact of the EC state aid rules on horizontal policies in public procurement
- 6 EC public procurement law and equality linkages: foundations for interpretation
- 7 Disability issues in public procurement
- 8 The legality of SME development policies under EC procurement law
- 9 The procurement of ‘green’ energy
- 10 Reconciling national autonomy and trade integration in the context of eco-labelling
- 11 CSR in the utilities sector and the implications of EC procurement policy: a framework for debate
- 12 Coordinating public procurement to support EU objectives – a first step? The case of exclusions for serious criminal offences
- Index
- References
Summary
Introduction
Chapter 1 introduced the phenomenon of horizontal policies in procurement and highlighted relevant principles of EC law, in particular, the equal status of horizontal policies with other procurement policies; equal treatment and integration of environmental considerations into EC policies; proportionality and subsidiarity; and the limited relevance of the directives in interpreting the EC Treaty. Chapter 2 provided an overview of the EC procurement regime, whilst chapter 3 set out a taxonomy of policies. The present chapter will now provide a critical review of EC regulation of horizontal policies, drawing on the framework of previous chapters. As well as offering a critical review of the regime, this chapter also provides background for the analysis in later chapters. Conversely, it draws on those chapters to provide a more complete picture of the regime.
This chapter first considers the application of the EC Treaty's free movement rules to horizontal policies (sections 2–4). (As mentioned in chapter 1, the state aid rules are examined separately in chapter 5.) It then examines how national discretion to implement horizontal policies is affected by Public Sector Directive 2004/18/EC, which has a significant impact in this field (sections 5–14). It also notes the extent to which the directive has sought to harness Member States' procurement power in support of the Community's own policy objectives (section 15). Special considerations applicable to Utilities Directive 2004/17/EC, which has been much less explored in previous work, are examined by Arrowsmith and Maund in chapter 11.
- Type
- Chapter
- Information
- Social and Environmental Policies in EC Procurement LawNew Directives and New Directions, pp. 147 - 248Publisher: Cambridge University PressPrint publication year: 2009
References
, The Law of Public and Utilities Procurement, 2nd edn (London: Sweet & Maxwell, 2005)Google Scholar
, ‘Towards a Coherent European Defence Procurement Regime? European Defence Agency and European Commission Initiatives’ (2008) 17 PPLR1Google Scholar
, ‘The Interaction between EC Rules on Public Procurement and State Aid’ (2004) 13 PPLR97Google Scholar
and , ‘Product Market Integration versus Regional Cohesion in the Community’ (1991) 16 ELRev216Google Scholar
, ‘Small and Medium-Sized Enterprises and Procurement Law – European Legal Framework and German Experiences’ (2007) 16 PPLR284Google Scholar
, Buying Social Justice: Equality, Government Procurement and Legal Change (Oxford University Press, 2007), pp. 606–608CrossRefGoogle Scholar
, The Substantive Law of the EU: The Four Freedoms (Oxford University Press, 2004), pp. 352–353Google Scholar
, ‘Making the Market Work for the Environment: Acceptance of (Some) “Green” Contract Award Criteria in Public Procurement’ (2003) 15 JEL175Google Scholar
, and , European Public Contracts in a Labour Law Perspective (Copenhagen: DJOF Publishing, 1998)Google Scholar
and (eds.), Local Government Contracts and Procurement (London: Butterworths, 2002)
and , ‘Labour Law Aspects of Public Procurement in the EU’, in and (eds.), The New EU Public Procurement Directives (Copenhagen: DJOF Publishing, 2005), p. 117Google Scholar
, Public Procurement in the European Community: Volume II: A Guide to the Procurement Cases of the Court of Justice (Earlsgate Press, 1992), pp. 78–79Google Scholar
, Public Procurement in the EU: a Practitioner's Guide (Oxford University Press, 2007)Google Scholar
, ‘The Selection of Qualified Firms to be Invited to Tender under the EC Procurement Directives’ (1998) 7 PPLR147Google Scholar
, ‘The Problem of Discrimination and Anti-competitive Behaviour in the Execution Phase of Public Contracts’ (1998) 7 PPLR113Google Scholar
, ‘The Scope for Excluding Providers who have Committed Criminal Offences under the EU Procurement Directives’ (2000) 9 PPLR267Google Scholar
and , ‘Criteria for Qualitative Selection in Public Procurement: A Legal and Economic Analysis’ (1995) 4 PPLR145Google Scholar
and , ‘Public Procurement and Social Policy in Northern Ireland: The Unemployment Pilot Project’, in and (eds.), Advancing Public Procurement (Boca Raton: PrAcademics Press, 2006)Google Scholar
, ‘Secondary Policies in Public Procurement: The Innovations of the New Directives’ (2004) 13 PPLR187Google Scholar
, ‘The External Sphere of Public Procurement Law: Bi-regional Trade Relations from the Perspective of the European Community’ (2005) 14 PPLR63Google Scholar
, International Public Procurement Law: the Evolution of International Regimes on Public Purchasing (The Hague: Kluwer Law International, 1999)Google Scholar
and (eds.), Law and Policy in Public Purchasing: The WTO Agreement on Government Procurement (Ann Arbor: University of Michigan Press, 1997)Google Scholar
, ‘Renewing the WTO Agreement on Government Procurement: Progress to Date and Ongoing Negotiations’ (2007) 16 PPLR255Google Scholar
, ‘Public Procurement as a Tool of Policy and the Impact of Market Liberalisation’ (1995) 111 LQR235Google Scholar
, ‘Environmental Issues in International Procurement’, in and (eds.), Public Procurement: Global Revolution (London: Kluwer Law International, 1999)Google Scholar
, ‘Social Policy Issues in Public Procurement: A Legal Overview’, in and (eds.), Public Procurement: Global Revolution (London: Kluwer Law International, 1999)Google Scholar
, ‘International Economic Law and the Pursuit of Human Rights: A Framework for Discussion of the Legality of “Selective Purchasing” Laws under the WTO Procurement Agreement’ (1999) 2 JIEL3CrossRefGoogle Scholar
and , ‘Secondary Criteria and their Compatibility with EC and WTO Procurement Law – The Case of the German Scientology Declaration’ (2000) 9 PPLR171Google Scholar
, ‘The WTO Agreement on Government Procurement – A Means of Furtherance of Human Rights’ (2001) 4 Zeitschrift für europa-rechtliche Studien43Google Scholar
, ‘International Economic Law as a Means to Further Human Rights? Selective Purchasing under the WTO Agreement on Government Procurement’ (2003) Schriftenreihe der Osterreichischen Gesellschaft für Europaforschung 267Google Scholar
- 6
- Cited by