Public Procurement analyzes the extent to which European Community law harmonizes the national judicial review of the application of Community law in the field of public procurement. Community law is regarded here as comprising the Government Procurement Agreement (the GPA) as concluded within the framework of the World Trade Organization.
The national judicial review is harmonized through principles of Community law--in particular those of direct effect, supremacy, Community-conform interpretation of national law, State liability, Member States' institutional and procedural autonomy, non-discrimination and effectiveness--through Directives 89/665/EEC and 92/13/EEC, and through the GPA.
- Introduction
- Statement of Problems to be Addressed
- Methods and Sources
- The Substantive Community Law on Public Procurement
- Introduction to Part Two
- The Principle of Direct Effect
- The Principle of Supremacy and Conflict of Laws
- The Principle of Community Conform Interpretation of National Law
- The Principle of State Liability
- The Principle of the Member States' Institutional and Procedural Autonomy
- The Principle of Non-Discrimination
- The Principle of Effectiveness
- Introduction to Part Three
- The Scope of the Specific Rules
- Effective Review
- Non-Discriminatory Review
- Transparency
- Forum
- Standing to Sue
- Remedies