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Brexit and Procurement Law: Legal Perspectives on Brexit

Autor Catherine Maddox
en Limba Engleză Paperback – 13 dec 2021
Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit.
At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.
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Specificații

ISBN-13: 9781032241661
ISBN-10: 1032241667
Pagini: 92
Dimensiuni: 138 x 216 mm
Greutate: 0.12 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Legal Perspectives on Brexit

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate and Undergraduate

Cuprins

Abbreviations and definitions
Introduction
How to use this book
Part I – Challenges and Opportunities
Challenges
    1. Legal and political context for the future of procurement lawCurrent legal framework for procurement law
      European Union Withdrawal Act and procurement law
      UK government statements on procurement law policy
      Government White Paper and procurement law
      European Commission Communication – impact of the ‘no deal’ scenario on procurement law
      The Irish Border and its impact on procurement law
    2. European Commission Draft Withdrawal Agreement ("DWA") and procurement lawDraft Withdrawal Agreement key provisions
      Analysis of Draft Withdrawal Agreement key provisions
      Contracts subject to the EU procurement regime after the Transition Period
      Procurement procedures ongoing at the end of the Transition Period
      Draft Withdrawal Agreement and equality under procurement law
      Draft Withdrawal Agreement and modification of existing contracts
      Procurement complaints under the Draft Withdrawal Agreement
      Looking into the future
    3. Losing access to EU online tools, universal classification systems and other guidanceeCertis and the European Single Procurement Document
      OJEU advertising
      Common Procurement Vocabulary codes
      Loss of EU Directive 2014/24 and 2014/23 recitals
      Timeline
    4. Reduction of access to procurement marketsInternational procurement instrument
      Practicalities of reduced competition
      Opportunities
    5. Potential trading models and their impact on UK procurementTrading models summary
      Existing trading models and their impact on EU-UK procurement law
      Potential future trade agreements and their procurement law implications
      EEA and EFTA state procurement model
      EEA membership and the UK's current membership status
      EEA membership and the UK's future membership status
      EEA procurement regulation and key principles
      EEA procurement regulation and preliminary references
      EEA procurement regulation and control over new legislation
      EFTA procurement model
      Trade arrangements
      Procurement regulation
      Canadian procurement model
      Trade arrangements
      Procurement regulation
      World Trade Organisation- Government Procurement Agreement model
      Government Procurement Agreement Trade Arrangements
      Government Procurement Agreement and its impact on UK procurement
      Government Procurement Agreement procedural requirements
      Government Procurement Agreement dispute settlement mechanisms
      Government Procurement Agreement and UK membership
      Ukraine's procurement model
      Turkey's procurement model
    6. Favouring national suppliers and the 'Buy British' campaignCase study: Buying British: Harmon
      Case study: Buying British: Contract award for manufacture of British passports
      Case study: Buy Australian: Australia's accession to the GPA
      Buying British: The Equality Act 2010
      Artificial narrowing of technical specifications to favour national suppliers
      EU view on discriminatory procurement policies
    7. Potential revisions of the procurement regimePotential revisions of the procurement regime - simplifying the current procurement system
      Potential revisions of the procurement regime - below threshold contracts
      Potential revisions of the procurement regime - remedies regime after Brexit
      Remedies regime after Brexit - fast track or tribunal process
      Remedies regime after Brexit - Shorter and Flexible Trials pilot scheme
      Remedies regime after Brexit - remedies review
      Remedies regime after Brexit - remedies systems in other EU member states
      Remedies regime after Brexit - equality
    8. The future of procurement lawProcurement law during the Transition Period
      Procurement law after the Transition Period
      Probable direction of procurement law
      Part II – Key Legislation and Recommended Reading
    9. Annex I: Summary Dashboard
    10. Key pieces of legislation
    11. Recommended reading
Source acknowledgements
Index

Notă biografică

Catherine Maddox is a solicitor practising EU law in London.

Descriere

Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit.