Contracts not covered, or not fully covered, by the Public Sector Directive
This book is an amended version of the author's PhD thesis. The overall aim of this book is to analyze, clarify, and discuss which positive obligations - derived from primary EU law - a contracting authority must apply when entering into either a service concession contract, a contract below the thresholds or a B-service contract, and how these obligations can be enforced. The Public Sector Directive applies to certain public contracts and requires contracting authorities to follow a detailed set of rules when awarding public contracts. For a range of reasons, not all types of contracts fall within the Public Sector Directive, including service concessions contracts, contracts below the thresholds, and B-services. When contracting authorities are awarding public contracts they are obliged to follow the EU treaties, and the principles derived therefrom. The case law from the Court of Justice has shown that the principles of the treaties imply certain positive obligations for contracting authorities which must be observed before a contract can be awarded and signed. Hence, this book analyzes and discusses what these obligations consist of.
Publication Date: 9/16/2012