Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit.
Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Catherine Maddox is a solicitor practising EU law in London.
Inhaltsangabe
Abbreviations and definitions Introduction How to use this book Part I - Challenges and Opportunities Challenges 1. Legal and political context for the future of procurement law Current legal framework for procurement law European Union Withdrawal Act and procurement law UK government statements on procurement law policy Government White Paper and procurement law European Commission Communication - impact of the 'no deal' scenario on procurement law The Irish Border and its impact on procurement law 2. European Commission Draft Withdrawal Agreement ("DWA") and procurement law Draft Withdrawal Agreement key provisions Analysis of Draft Withdrawal Agreement key provisions Contracts subject to the EU procurement regime after the Transition Period Procurement procedures ongoing at the end of the Transition Period Draft Withdrawal Agreement and equality under procurement law Draft Withdrawal Agreement and modification of existing contracts Procurement complaints under the Draft Withdrawal Agreement Looking into the future 3. Losing access to EU online tools, universal classification systems and other guidance eCertis and the European Single Procurement Document OJEU advertising Common Procurement Vocabulary codes Loss of EU Directive 2014/24 and 2014/23 recitals Timeline 4. Reduction of access to procurement markets International procurement instrument Practicalities of reduced competition Opportunities 5. Potential trading models and their impact on UK procurement Trading models summary Existing trading models and their impact on EU-UK procurement law Potential future trade agreements and their procurement law implications EEA and EFTA state procurement model EEA membership and the UK's current membership status EEA membership and the UK's future membership status EEA procurement regulation and key principles EEA procurement regulation and preliminary references EEA procurement regulation and control over new legislation EFTA procurement model Trade arrangements Procurement regulation Canadian procurement model Trade arrangements Procurement regulation World Trade Organisation- Government Procurement Agreement model Government Procurement Agreement Trade Arrangements Government Procurement Agreement and its impact on UK procurement Government Procurement Agreement procedural requirements Government Procurement Agreement dispute settlement mechanisms Government Procurement Agreement and UK membership Ukraine's procurement model Turkey's procurement model 6. Favouring national suppliers and the 'Buy British' campaign Case study: Buying British: Harmon Case study: Buying British: Contract award for manufacture of British passports Case study: Buy Australian: Australia's accession to the GPA Buying British: The Equality Act 2010 Artificial narrowing of technical specifications to favour national suppliers EU view on discriminatory procurement policies 7. Potential revisions of the procurement regime Potential revisions of the procurement regime - simplifying the current procurement system Potential revisions of the procurement regime - below threshold contracts Potential revisions of the procurement regime - remedies regime after Brexit Remedies regime after Brexit - fast track or tribunal process Remedies regime after Brexit - Shorter and Flexible Trials pilot scheme Remedies regime after Brexit - remedies review Remedies regime after Brexit - remedies systems in other EU member states Remedies regime after Brexit - equality 8. The future of procurement law Procurement law during the Transition Period Procurement law after the Transition Period Probable direction of procurement law Part II - Key Legislation and Recommended Reading 9. Annex I: Summary Dashboard 10. Key pieces of legislation 11. Recommended reading Source acknowledgements Index
Abbreviations and definitions Introduction How to use this book Part I - Challenges and Opportunities Challenges 1. Legal and political context for the future of procurement law Current legal framework for procurement law European Union Withdrawal Act and procurement law UK government statements on procurement law policy Government White Paper and procurement law European Commission Communication - impact of the 'no deal' scenario on procurement law The Irish Border and its impact on procurement law 2. European Commission Draft Withdrawal Agreement ("DWA") and procurement law Draft Withdrawal Agreement key provisions Analysis of Draft Withdrawal Agreement key provisions Contracts subject to the EU procurement regime after the Transition Period Procurement procedures ongoing at the end of the Transition Period Draft Withdrawal Agreement and equality under procurement law Draft Withdrawal Agreement and modification of existing contracts Procurement complaints under the Draft Withdrawal Agreement Looking into the future 3. Losing access to EU online tools, universal classification systems and other guidance eCertis and the European Single Procurement Document OJEU advertising Common Procurement Vocabulary codes Loss of EU Directive 2014/24 and 2014/23 recitals Timeline 4. Reduction of access to procurement markets International procurement instrument Practicalities of reduced competition Opportunities 5. Potential trading models and their impact on UK procurement Trading models summary Existing trading models and their impact on EU-UK procurement law Potential future trade agreements and their procurement law implications EEA and EFTA state procurement model EEA membership and the UK's current membership status EEA membership and the UK's future membership status EEA procurement regulation and key principles EEA procurement regulation and preliminary references EEA procurement regulation and control over new legislation EFTA procurement model Trade arrangements Procurement regulation Canadian procurement model Trade arrangements Procurement regulation World Trade Organisation- Government Procurement Agreement model Government Procurement Agreement Trade Arrangements Government Procurement Agreement and its impact on UK procurement Government Procurement Agreement procedural requirements Government Procurement Agreement dispute settlement mechanisms Government Procurement Agreement and UK membership Ukraine's procurement model Turkey's procurement model 6. Favouring national suppliers and the 'Buy British' campaign Case study: Buying British: Harmon Case study: Buying British: Contract award for manufacture of British passports Case study: Buy Australian: Australia's accession to the GPA Buying British: The Equality Act 2010 Artificial narrowing of technical specifications to favour national suppliers EU view on discriminatory procurement policies 7. Potential revisions of the procurement regime Potential revisions of the procurement regime - simplifying the current procurement system Potential revisions of the procurement regime - below threshold contracts Potential revisions of the procurement regime - remedies regime after Brexit Remedies regime after Brexit - fast track or tribunal process Remedies regime after Brexit - Shorter and Flexible Trials pilot scheme Remedies regime after Brexit - remedies review Remedies regime after Brexit - remedies systems in other EU member states Remedies regime after Brexit - equality 8. The future of procurement law Procurement law during the Transition Period Procurement law after the Transition Period Probable direction of procurement law Part II - Key Legislation and Recommended Reading 9. Annex I: Summary Dashboard 10. Key pieces of legislation 11. Recommended reading Source acknowledgements Index
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