Unit on EU Public Procurement
Head of Unit: Professor Sue Arrowsmith
The unit on EU public procurement is concerned with all dimensions of EU public procurement law and policy and its implementation in the EU Member States. As well as undertaking doctrinal and comparative law work on EU and national laws, the Unit has recently been undertaking a number of empirical studies on the implementation and effect of EU rules in this area. Its Head, Professor Sue Arrowsmith, is the author of the leading text on EU and UK procurement law, The Law of Public and Utilities Procurement (2nd ed 2005; Sweet and Maxwell) and is closely involved in development of EU law and policy as a member of the European Commission’s Advisory Committee for the Opening Up of Public Procurement. The Group’s special professor, Peter Trepte, is author of the leading EU text Public Procurement in the EU: a Practitioner’s Guide (OUP 2007).
Current Research
Current research projects include a book on social and environmental policies in EU procurement law, which is co-edited and co-edited by Professor Sue Arrowsmith and Professor Peter Kunzlik of City University and will be published by CUP in February 2009. Aris Georgopoulos is also currently completing a book on defence procurement in Europe.
There are also a number of on-going PhD projects on this field. These currently cover:
• competitive dialogue in Spain and Portugal: legal framework and practical application;
• competitive dialogue in the UK in the context of PFI procurement;
• the EU rules on electronic auctions;
• the application of EC procurement rules to international organizations in the field of defence procurement;
• the likely impact of the new EU remedies Directive on the effectiveness of procurement remedies in member States; and
• influences of the EU procurement directives on national regimes – a case study of the UK, Netherlands and Belgium.
New projects on regulation of framework agreements and on the impact of EC regulation on the CSR policies of utilities will commence in September 2008.
Recent publications (excludes notes and reviews)
-
Baudouin Heuninckx, “Towards a Coherent European Defence Procurement Regime? European Defence Agency and European Commission Initiatives”, (2008) 17(1) PPLR 1
-
Baudouin Heuninckx, “A Primer to Collaborative Defence Procurement in Europe: Troubles, Achievements and Prospects”, (2008) 17(3) PPLR 123
-
Annamaria La Chimia, "Conquering the last frontier of protectionism: the legality of tied aid under the EC Treaty internal market rules" 2007(32) European Law Review 513
-
Aris Georgopoulos, "The European Armaments Policy: A Conditio Sine Qua Non for the European Security and Defence Policy?" in: WHITE, N., TRYBUS, M, eds. European Security Law (Oxford University Press: 2007)
-
Sue Arrowsmith, “The Past and Future Evolution of EC Procurement Law: from Framework to Common Code?” (2006) 35 Public Contracts Law Journal 337-384
-
Sue Arrowsmith, “Implementation of the New EC Procurement Directives and the Alcatel Ruling in England and Wales and Northern Ireland: a Review of the New Legislation and Guidance” (2006) 15 Public Procurement Law Review 86-136
-
Baudouin Heuninckx, "Defence Procurement in the EU: Time to Listen to the Wake-up Calls" (2006) 7(2) Business Law International, 208-225
-
Aris Georgopoulos, The European Defence Agency’s Code of Conduct for Armament Acquisitions: A Case of Paramnesia” Public Procurement Law Review (2006) 15 Public Procurement Law Review 51-61
-
Sope Williams, "The Mandatory Exclusions for Corruption in the New EC Procurement Directives" (2006) 31 (5) European Law Review 711-734
Recent activities/presentations (2008 only)
Activities relating to EC law in 2008 have included four seminars on aspects of EC procurement law that were included in the PPRG’s internal seminar series for the past academic year:
-
Introduction to the legal aspects of collaborative defence procurement in Europe: Baudouin Heuninckx; Feb 2008
-
The Role of Procurement Rules in Addressing Unemployment: Sean Hennigan; Feb 2008
-
Case Study of Procurement Issues Arising in a PPP/PFI: a Practitioner's Perspective: Susie Smith; Solicitor, Commercial Partner, Bevan Brittan; March 2008
-
Bid Evaluation in Public Sector Procurement: an Empirical Perspective: Prof Jan Telgen; NEVI Professor of Purchasing Management and Professor of Applied Operations Research, University of Twente; May 2008
The PPRG, in conjunction with Bevan Brittan also hosted a very successful seminar on Competitive Dialogue in London in June 2008, with funding from the ESRC. The event, which was oversubscribed several times over, included presentations from OGC, European Commission, CBI and 4Ps as well as from Bevan Brittan and from Sean Hennigan and Sue Arrowsmith of the PPRG..
In addition, Unit members have presented papers in 2008 at numerous external conferences seminars, both of an academic and practical nature, including:
-
Annamaria La Chimia, "EU foreign aid resources and public procurement” "After the First 50 Years: the Future of European Law and Policy", Birmingham, July 2008
-
Sue Arrowsmith, “Framework Agreements under the EC directives”, Achilles conference on framework agreements, Feb 2008
-
Sue Arrowsmith, “Competitive Dialogue under the EC directives”, Achilles conferences on competitive dialogue, Jan and April 2008
-
Annamaria La Chimia, "Developing Coherence before Aid: EC Treaty Rules and Development Aid at Community and Bilateral Level", to be presented at the UACES annual conference "Exchanging Ideas on Europe 2008: rethinking the European Union" (Edinburgh, 1-3 September 2008).
-
Sue Arrowsmith, "Socially Responsible Procurement; Framework Agreements; New Developments in EU public procurement law", to be presented at the Nohr Con Annual Nordic Public Procurement conference (Copenhagen, 22-23 September 2008).
-
Sue Arrowsmith will be presenting at the upcoming Competitive Dialogue conference hosted by Achilles. (London, 7 October 2008).
-
Sue Arrowsmith will be presenting at the New Developments under the EC Procurement Directives conference. (London, 11 November 2008).
For conference and lecture activities relating to European defence procurement please refer to the Unit on Defence and Strategic Procurement.
Future activities
For further information contact Sue Arrowsmith.