JJUA54050U EU Public Procurement Law
The EU public procurement rules are detailed and complex and of
utmost importance in practice as they regulate the use of huge sums
and very frequently give rise to disputes. Public procurement
amounts to about 20 % of GNP in the Member States of the EU
and national courts and complaints boards have dealt with thousands
of procurement cases. This national practice is supplemented by
about two hundred of judgments from the Court of Justice of the
European Union on procurement law.
The consequences of a violation of the rules can be very unpleasant
and includes the duty to award damages for the loss of profit to a
tenderer and the duty to set aside a concluded contract. The state
of procurement law is still uncertain with regard to many questions
of importance in practice and the development of the law in this
area is highly dynamic. The course will cover both the substantive
public procurement law and its enforcement. Emphasis will be on the
following points:
• The purpose of the EU public procurement rules and its field of
application with emphasis on the concept ”contracting authority”
• The principle of equal treatment of tenderers and the principle
of transparency
• The ban on negotiations
• Exclusion and selection of tenderers
• Award and conclusion of the contract
• Non-economic criteria including social and environmental
considerations
• Termination of the tender procedure without an award of the
contract
• Enforcement of the EC public procurement rules
The purpose of the course is to enable the students to:
- Explain the purpose of the public procurement rules and their
scope of application
- Give a detailed account of the fundamental concepts of public
procurement law and procurement procedures
- Identify relevant problems of procurement law
- Analyse questions of public procurement law and to interpret the
law and practice in a concrete context
- Present arguments for different solutions in a structured and
coherent manner that demonstrates a good overview of and insight
into procurement law and practice and the ability to make a
qualified choice between these solutions
- Put public procurement law and practice in an EU perspective
- Communicate and formulate knowledge and arguments professionally
and linguistically correct and in a way that is structured and
coherent
• Simon Evers Hjelmborg, Peter Stig Jakobsen og Sune Troels
Poulsen: Public Procurement Law – the EU directive on public
contracts, DJØF Publishing, 1. edition, (curriculum about 360
pages).
• A selection of articles (maximum 140 pages) and leading
cases
- Category
- Hours
- Tutoring
- 34
- Total
- 34
- Credit
- 10 ECTS
- Type of assessment
- Oral examination, 20 minOral exam with preparation, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
- 15. - 19. December 2014 (preliminary dates)
Course information
- Language
- English
- Course code
- JJUA54050U
- Credit
- 10 ECTS
- Level
- Full Degree MasterFull Degree Master choice
- Duration
- 1 semester
- Placement
- Autumn
- Schedule
- A2 (Tues 10-12 + Thurs 13-17)
- Course capacity
- 30 students
- Continuing and further education
- Study board
- Law
Contracting department
- Law
Course responsibles
- Steen Treumer (13-608172727b3b617f72827a727f4d77827f3b78823b7178)
Lecturers
María Czestochowa Martínez Fuentes