Brexit and Procurement Law

ISBN-13: 9781032241661 / Angielski / Miękka / 2021 / 92 str.

Catherine Maddox

Opis

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.

 

Widoczna okładka, to zdjęcie poglądowe, a rzeczywista szata graficzna może różnić się od prezentowanej. Nie gwarantujemy zgodności okładki z prezentowanym zdjęciem.

Spis treści

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 law

Current 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 law

Draft 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 guidance

eCertis 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 markets

International procurement instrument

Practicalities of reduced competition

Opportunities

5. Potential trading models and their impact on UK procurement

Trading 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' campaign

Case 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 regime

Potential 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 law

Procurement 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

O autorze

Catherine Maddox is a solicitor practising EU law in London.