Module leader: Professor Martin Trybus
Teaching and assessment (2017-18): Semester 2, 1 x 6,000 word essay
The term public procurement law describes the regulation of the purchasing activities of governments and public and private utilities in the transport, energy, water, and telecommunications sectors from private companies. The regulation of this activity aims at value for money and competition and EU public procurement law, for example, is designed to accommodate market access and transparency in an internal market of public and utilities contracts worth about €3 trillion annually. Public procurement is equally important for international trade and a crucial economic factor in any domestic system.
This module option 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) in its economic and political contexts.
The course will look at the entire 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 interpretative communications of the Commission. EU public procurement law will be put in its international context as a model for public procurement reform across the globe on the one hand and through its interaction with the Government Procurement Agreement (GPA) of the WTO on the other hand. EU and GPA rules will be compared with those of the UNCITRAL Model Law on Procurement.
Contents of the course:
- Aims and objectives of EU public procurement regulation, the GPA, the UNCITRAL Model Law;
- requirement of the TFEU regarding public procurement, the public procurement process according to the EU Public Sector Procurement Directive, the GPA, the UNCITRAL Model Law: procedures, publication, specifications, qualification, award criteria;
- the regime of the EU Utilities Procurement Directive; social and environmental criteria;
- EU/GPA/UNCITRAL defence procurement law;
- international procurement reform enlargement;
- corruption in public procurement
- public procurement and industrial, social, and environmental objectives
- review and remedies under the EU, GPA, and UNCITRAL regimes
- inter-action of EU public procurement law with the GPA