Description
Book SynopsisAt a time when public administrations are increasingly subjected to transparency requirements this book provides timely analysis on the role of transparency in the context of public procurement within the EU. It provides a blend of theoretical analysis and practical insights into the operation of freedom of information requirements associated with the expenditure of public funds through purchasing, contracting out and commissioning activities.
The first part of the book critically assesses a number of key issues surrounding transparency in public procurement including: corruption prevention, competition, commercial issues and access to remedies. The second part of the book features contributions from leading experts across ten European jurisdictions, providing a comparative view of transparency requirements and freedom of information rules in the context of public procurement. Overall the book provides a conceptual framework to understand the relationship between business secrets, freedom of information rules and the regulation of public procurement across Europe.
This book will be of interest to scholars and students researching across public, administrative and comparative law. Practising lawyers who are involved with cross-border procurement tenders will also find this book to be a useful resource as it provides a comprehensive overview of regulatory standards at a national and European level.
Trade Review'Transparency is a central plank of procurement law and policy, but is not a fishing licence for competitors. This important addition to the literature on procurement offers major contributions to our understanding of these issues in various European jurisdictions. It's a ''must have'' work for everyone interested in procurement law and practice.' --Laurence Gormley, University of Groningen, the Netherlands
'An essential book in the exploration of European procurement law. It shows that beyond the rules of transparency imposed by the directives, a wide scope is left to national discretion, particularly as regards publicity after the award of the contract. Although transparency is certainly a general principle of European public procurement law, and a strategic one, its concrete implementation is therefore subject to significant variations. The book renders an important service to future reflections on European procurement law by demonstrating this reality.'
--Jean-Bernard Auby, University of Sciences Po, France
Table of ContentsContents: 1. Transparency in EU Procurements: An Introduction. Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells 2. Many faces of transparency in public procurement Kirsi-Maria Halonen 3. Transparency and competition in public procurement: A comparative view on their difficult balance Albert Sanchez-Graells 4. Procurement transparency as a gateway for procurement remedies Roberto Caranta 5. Transparency in Procurement by the EU Institutions Albert Sanchez-Graells 6. Transparency and access to information in public procurement procedures in Denmark Carina Risvig Hamer 7. Transparency in Public Procurement - experiences from Finland Pilvi Takala and Suvituulia Taponen 8. Disclosure rules within public procurement procedures and during contract implementation in France Tiphaine Blay 9. Disclosure rules within public procurement procedures and during contract period - German country report Martin Burgi and Marinus Pöhlmann 10. Disclosure of public procurement documents in Italy: a major effort in the fight against corruption, but still to be completed Mario E. Comba 11. Disclosure rules applicable to public procurement procedures and during contract period. The case of Poland Piotr Bogdanowicz 12. Transparency in Public Procurement in Romania: Formal Compliance, Obscure Hidden Agendas Bogdana Neamtu and Dacian C. Dragos 13. Transparency in public procurement in the Spanish legal system Patricia Valcárcel Fernández 14. Disclosure rules within public procurement procedures and during contract period in the United Kingdom Paul Henty and Rory Ashmore Index
