This seventh volume of the European Procurement Law Series contains an in depth analysis of the qualification phase - exclusion, qualification, selection, and shortlisting. The topic is of crucial importance in EU tender procedures and has been considered in numerous disputes in the European Union. This volume supplements the fifth volume about the award phase. The book also considers the implications of the new public procurement directive with focus on the qualification phase and includes an analysis of the implementation of the new directive in a range of Member States.
The publication follows an original comparative approach covering diversified national approaches to EU public procurement law. It provides the reader with an insight that cannot be found elsewhere and includes specific chapters on the state of law and developments in France, Germany, United Kingdom, Spain, Italy, Portugal, and Romania. In addition, it contains a number of comparative chapters on specific issues of particular interest in theory and practice. The book will be a valuable tool for development of public procurement regulation and practice in the EU and is of interest to practitioners, national law makers, complaints boards, national courts, the European Commission and the Court of Justice and academics.
Table of Contents:
Preface
Introduction
Exclusion, Qualification and Selection of Candidates and Tenderers in EU Procurement - Steen Treumer
Country reports
Qualification, Selection and Exclusion of Economic Operators under French Public Procurement Law -François Lichère
The Qualification, Selection and Exclusion of Economic Operators (Tenderers and Candidates) from a German Perspective - Martin Burgi & Laura K. Wittschurky
Qualification, Selection and Exclusion of Economic Operators (Tenderers and Candidates) in Italy - Mario Comba
Qualitative selection and exclusion of economic operators in Portugal - Pedro Telles
Qualification, selection and exclusion of economic operators in public procurement procedures – The case of Romania - Dacian C. Dragos
Qualification, Selection and Exclusion of Economic Operators under Spanish Public Procurement Law -Albert Sanchez Graells
Exclusion, Qualification and Selection in the UK under the Public Contracts Regulations 2015 - Luke Butler
Comparative Chapters
Exclusion and Qualitative Selection of Economic Operators under Public Procurement Procedures: A Comparative View on Selected Jurisdictions - Albert Sanchez-Graells, Luke R.A. Butler & Pedro Telles
On Self-cleaning - Roberto Caranta & Sara Richetto
Electronic Qualitative Selection of Economic Operators: the challenge of the European Single Procurement Document (ESPD) - Gabriella M. Racca
About the authors
List of cases
Index
