JJUA55271U Governmental Contracts
Governmental contracts global value is enormous, just the OECD countries alone the total spend accounts of €1000 billion per year. In the EU over 250 000 governmenta each year spend around 14% of GDP on the purchase of services, works and supplies. National courts and Complaints Boards deal with thousands of governmental contracts and specifically the procurement (tender process of conducting a governmental contract) cases every year.
Consequently, as a highly dynamic area of law, where the amount of the case-law and governmental contracting (procurement) rules constantly increases and develops great care must be taken when drafting tender conditions, tender offers and the governmental contract itself.
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 (Procurement Directives), a substantial body of case law.
Contents of the course:
- Aims, objectives of EU public procurement regulation
- Public procurement process according to the EU Public Procurement Directive
- Sustainability in public procurement;
- Technology and innovation in public procurement;
- Modification of governmental contracts
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.
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
- Communicate and formulate knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent; Develop drafting and negotiating skills
Textbook Abby Semple, A Practical Guide to Public Procurement (Oxford 2015) -246 pages supplemented by Research Articles of teacher’s authorship (Marta Andhov).
- seminar discussions
- drafting exercises
- Case studies
- Case analyses combined with students presentations
- Group work
- Simulations - instructional scenarios where students are put in a "real-life" situations
- 7,5 ECTS
- Type of assessment
- Written assignmentAssigned written individual assignment, 3 days
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
December 18-21, 2020
February 5-8, 2021