Ølykke, S. Grith; Sanchez-Graells, Albert --- "Reformation or Deformation of the EU Public Procurement Rules" (Edward Elgar Publishing, 2016) [2016] ELECD 1382

Editor(s): Ølykke, S. Grith; Sanchez-Graells, Albert

Title: Reformation or Deformation of the EU Public Procurement Rules

Topics: European Law; European Politics and Policy; Public Policy

Publisher: Edward Elgar Publishing

Date of Publication: 25 November 2016

Number of pages: c 448

ISBN (hard cover): 9781785361807

EISBN: 9781785361814

Abstract/Description:

Using an innovative ‘law and political science’ methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice.

Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU’s case law influences the creation of new rules, or the way EU law-makers enact them – issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed.

Offering a clear contribution to the emerging scholarship on ‘flexible’ EU law-making, this book’s novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.