JJUA55255U International Trade and Public Procurement Law
Public procurement law regulates purchasing of governments and public and private utilities from private companies. As a student you will learn how to advise both contracting entities and suppliers on all aspects of public procurement law at all stages of public tender procedures leading to conclusion of a public contract.
The relevance of this are of law is undeniable: 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 deal with thousands of procurement cases every year.
Consequently, as a highly dynamic area of law, where the amount of the case-law and procurement rules constantly increases and develops great care must be taken when drafting tender conditions, tender offers and the public contract itself.
Public procurement is important for international trade and a crucial economic factor in any domestic system. This course covers the public procurement law of the three most prominent international public procurement regimes: the European Union (EU), the World Trade Organisation (WTO), and the United Nations International Commission for Trade Law (UNCITRAL). The disscussions will also be substituted by analyse of international trading agreemends such as CETA – EU and Canada Trade Agreement.
The course will look at the EU public procurement law comprising of provisions of the Treaty on the Functioning of the European Union (TFEU), a set of secondary instruments, a substantial body of case law, and a number of soft law instruments. EU public procurement law will be put in its international context through its interaction with the Government Procurement Agreement (GPA) of the WTO. EU and GPA rules will be compared with those of the UNCITRAL Model Law on Procurement.
Contents of the course:
- Aims, objectives of EU public procurement regulation, the GPA, the UNCITRAL Model Law and its field of application;
- Requirement of the TFEU regarding public procurement, the public procurement process according to the EU Public Procurement Directive, the GPA, the UNCITRAL Model Law: procedures, publication, specifications, qualification, award criteria;
- Corruption in public procurement;
- Technology and innovation in public procurement;
- Horizontal policies and procurement (social, environmental, industrial objectives);
- Review and Remedies under the EU, GPA, and UNCITRAL regimes;
The learning objective of the course is to enable the students to:
- Explain the purpose of the public procurement rules and their
scope of application
- Give an account of the fundamental concepts of public procurement law
- 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, case law and practice and the ability to make a qualified choice between these solutions
- Put public procurement law and practice in an international perspective
- Communicate and formulate knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent; Develop drafting and negotiating skills
- seminar discussions
- drafting exercises
-Case analyses combined with students presentations
-Guest lectures from specialists having experience in different jurisdictions
-Simulations - instructional scenarios where students are put in a "real-life" situations
- 15 ECTS
- Type of assessment
- Written assignmentIndividual written assignment
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
December 11, 2019
January 24, 2020