| CODE | ECL2006 | ||||||||
| TITLE | EU Public Procurement Law and Policy | ||||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | European and Comparative Law | ||||||||
| DESCRIPTION | The subject-matter and scope of procurement, the development of the EU Public Procurement Regime, the Principles underlying Public Procurement and the definition of public contracts (public services contracts, public supply contracts, public works contracts) will be introduced to the student. The study-unit will progress with the examination of the various stages of the Public Procurement Process (Pre-tendering, tendering, selection and award). Following this the types and choice of procurement procedures will be analysed (Open Procedure, Restricted Procedure, Competitive Procedure with Negotiation, Innovative Partnership, Competitive Dialogue and the Negotiated Procedure without prior publication). The Utilities Directive and the Concessions Directive will be discussed briefly. The study-unit will also look into a case study, namely Malta's Public Procurement Regulations, including the role, functions and powers of the Director of Contracts, the Boards, Committees and Tribunals established under the Public Procurement Regulations (General Contracts Committee, Departmental Contracts Committee, ad hoc committees and the Special Contracts Committees, the Public Contracts Review Board, and the Commercial Sanctions Tribunal). The study-unit will conclude with modes of redress and the Remedies Directives, including a comparative analysis of review systems and review bodies. The World Trade Organisation’s Public Procurement Agreement will be briefly discussed. Study-Unit Aims: The study-unit aims: - to prepare the student with the legal knowledge on the public procurement regime both at an EU level and from a Maltese point of view, including the various stages of the tendering process and the different types of procedures that may be used. - to assist the student with understanding the various forms of remedies for aggrieved tenderers; and as a result - to provide the necessary skills to be able to engage in consultancies and where necessary to make judicial representations in cases involving public procurement. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Demonstrate and develop a comprehensive understanding and knowledge of the legal framework governing EU public procurement regime; - Demonstrate an ability to analyse public procurement situations and advise clients accordingly; - Have gained the knowledge and ability to file judicial proceedings involving public procurement; - Be capable of advancing further their knowledge on the remedies available for the aggrieved tenderer and the review bodies available; and - Learn to compare and contrast EU law on public procurement with other MS. jurisdictions. 2. Skills: By the end of the study-unit the student will be able to: - Advise tenderers on key elements for the preparation of a tender; - Advise and assist aggrieved tenderers on the available remedies and whether or not there are grounds to proceed judicially against the contracting authority; - Make representations in front of the Public Contracts Review Board and the Court of Appeal (Superior Jurisdiction). Main Text/s and any supplementary readings: Main Texts: EU Directives on procurement - Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (public sector) - Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (utilities sector) - Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts Remedies Directives - Council Directive 89/665EEC, Council Directive of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts. - Council Directive 92/13/EEC of 15 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sector. - Council Directive 2007/66 of 11 December 2007 amending Council Directives 89/665 EEC and 92/137EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts. Textbook: - Bovis Christopher H., EU Public Procurement Law, Elgar European Law, Second Edition (December 31, 2013) Supplementary Readings: - Arrowsmith Sue, The Law of Public and Utilities Procurement – Regulation in the EU and UK, Volume 1 & 2, Third Edition, Sweet & Maxwell, 2014. - Bovis Christopher H., The Law of EU Public Procurement, Oxford University Press, Second Edition, 2015. - De Koninck Constant & Ronse Thierry, European Public Procurement Law, Netherlands: Wolters Kluwer, 2008. - Treumer Steen & Lichere Francois (Eds.), Enforcement of the EU Public Procurement Rules, DJOF Publishing Copenhagen, 2011. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Joseph Bugeja |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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