JJUA55126U EU & Global Procurement Regimes - NOTE: THE COURSE IS CANCELLED IN THE AUTUMN SEMESTER 2017

Please see the course presentation: https://www.youtube.com/watch?v=Zh3GgbnSoIw&feature=em-upload_owner 

This course assist students to develop a sound knowledge of procurement law and relevant legal issues from an international perspective.

The global value of public procurement spending is enormous. Just the OECD countries alone spend a total of €1000 billion per year. In the EU over 250 000 public authorities each year spend around 14% of GDP on the purchase of services, works and supplies. National courts and complaints boards in EU Member States deal with thousands of procurement cases every year . The national practices are supplemented by hundreds of judgments from the Court of Justice of the European Union and the General Courrt on procurement law.

The consequences of a violation of the procurement 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. The core of the course is the EU public procurement system. Additionally, the students will explore global procuremet regimes such as: the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Procurement of Goods, Construction and Services; the World Trade Organization (WTO) Agreement on Government Procurement; the procurement rules of selected finance institutions – the World Bank, the European Bank for Reconstruction and Development (EBRD), the African Development Bank and the Asian Development Bank. Beyond examining the contexts and objectives of these procurement regimes, the course will introduce students to the relationships between supranational procurement frameworks and national procurement rules. In addition the course will present the students with an opportunity to explore recent regulatory procurement reforms in international and selected national procurement regimes.
Emphasis will be on the following points:

• The purpose of the public procurement rules and its field of application
• The principles of equal treatment, transparency and open competition
• Exclusion and selection of tenderers
• Award and conclusion of the contract
• Horizontal policies and procurement (social and environmental considerations, SMEs, innovation)
• Termination of the tender procedure without an award of the contract
• Enforcement of the public procurement rules

It is an advantage if the student has a fundamental knowledge of EU law, in particular with regard to the functioning of the internal market and provisions on free movement and International Trade law. However it is not a prerequisite. The course is intended for both Danish and non-Danish students, which must have sufficient level of knowledge of English. Students from non-legal background are also welcome.