Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-8448b6f56d-tj2md Total loading time: 0 Render date: 2024-04-23T06:19:10.930Z Has data issue: false hasContentIssue false

3 - A taxonomy of horizontal policies in public procurement

Published online by Cambridge University Press:  06 September 2009

By
Sue Arrowsmith
Edited by
Sue Arrowsmith  and
Peter Kunzlik
Sue Arrowsmith
Affiliation:
University of Nottingham
Peter Kunzlik
Affiliation:
City University London
Get access

Summary

Introduction

This chapter elaborates further the phenomenon of horizontal policies in procurement that is the subject of the legal analysis in the remaining chapters. In this respect, it is useful to set out a taxonomy of horizontal policies. Such a taxonomy is valuable, first, for understanding the practical phenomenon of horizontal policies and their constitutional and policy implications. It is used for that purpose in the present chapter which, as well as setting out the taxonomy, reviews the key policy issues arising from the various approaches and mechanisms, including their value, their legitimacy and considerations that impact upon their effectiveness and transparency. This will provide the policy context for the ensuing legal analysis: whilst, as chapter 1 argued, it is not in principle the role of EC law to determine how such policies should be implemented by Member States, concerns such as proportionality and transparency are, on the other hand, highly relevant to the EC regulatory framework. The taxonomy is also useful, secondly, as a framework for analysing the legal rules. It is used for this purpose in examining the impact of EC law in chapter 4, and can also be used for considering other national and international regimes. The taxonomy presented in this chapter elaborates on the author's previous analysis elsewhere that has already been used for these purposes by other scholars.

Type
Chapter
Information
Social and Environmental Policies in EC Procurement Law
New Directives and New Directions
 , pp. 108 - 146
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Arrowsmith, S., The Law of Public and Utilities Procurement, 2nd edn (London: Sweet & Maxwell, 2005)Google Scholar
Arrowsmith, S., Linarelli, J. and Wallace, D., Regulating Public Procurement: National and International Perspectives (The Hague; London: Kluwer Law International, 2000)Google Scholar
Watermeyer, R., ‘Facilitating Sustainable Development through Public and Donor Procurement Regimes’ (2004) 13 PPLR30Google Scholar
Ssennoga, F., ‘Examining Discriminatory Procurement Practices in Developing Countries’ (2006) 6 JPP218Google Scholar
Anechiarico, F. and Jacobs, J., ‘Purging Corruption from Public Contracting: The Solutions are Now Part of the Problem’ (1995) 40 NYLSLR143Google Scholar
Williams, S., ‘The Use of Exclusions for Corruption in Developing Country Procurement: The Case of South Africa’ (2007) 51 JAL4CrossRefGoogle Scholar
Williams, S., ‘The Debarment of Corrupt Contractors from World Bank Financed Contracts’ (2007) 36 PCLJ277Google Scholar
McCrudden, C., Buying Social Justice: Equality, Government Procurement and Legal Change (Oxford University Press, 2007), pp. 305–310.CrossRefGoogle Scholar
Letchmiah, D., ‘The Process of Public Sector Procurement in South Africa’ (1999) 8 PPLR15Google Scholar
Lowe, V., ‘Jurisdiction’, in Evans, M., International Law, 2nd edn (Oxford University Press, 2006)Google Scholar
Carr, J., New Roads to Equality: Contract Compliance for the United Kingdom? (London: The Fabian Society, 1987)Google Scholar
Stumberg, R., ‘Pre-emption and Human Rights: Crosby v National Foreign Trade Council’ (2000) 32 Law & Pol. Int. Bus. 109.Google Scholar
Morris, P., ‘Legal Regulation of Contract Compliance: An Anglo-American Comparison’ (1990) 19 Anglo-Am. LR87CrossRefGoogle Scholar
Daintith, T., ‘Regulation by Contract: the New Prerogative’ [1979] 32 CLP41.Google Scholar
Arrowsmith, S., ‘Government Contracts and Public Law’ (1990) 10 LS231Google Scholar
Arrowsmith, S., ‘Judicial Review and the Contractual Powers of Public Authorities’ (1990) 106 LQR277Google Scholar
Bailey, S., ‘Judicial Review of Contracting Decisions’ (2007) PL444.Google Scholar
Bercusson, B., The Fair Wages Resolutions (London: Mansell, 1978).Google Scholar
Cleveland, S., ‘Norm Internalisation and US Economic Sanctions’ (2001) 26 YJIL7Google Scholar
Fitzgerald, P., ‘Massachusetts, Burma and the World Trade Organization: A Comment on Blacklisting, Federalism and Internet Advocacy in the Global Trading Era’ (2001) 34 CILJ1Google Scholar
Baker, M., ‘Flying over the Judicial Hump: A Human Rights Drama Featuring Burma, the Commonwealth of Massachusetts, the WTO and the Federal Courts’ (2000) 32 Law & Pol. Int. Bus. 51Google Scholar
Linarelli, J., ‘Economic Sanctions and the US Supreme Court: Crosby v National Foreign Trade Council’ (2001) 10 PPLR NA 91Google Scholar
Banerjee, S., ‘The Burma Law Dilemma: The Constitutionality of US State and Local Sanctions in the Sphere of Foreign Commerce: Crosby v National Foreign Trade Council 530 US 2000’ (2000) 27 LIEI293Google Scholar
Arrowsmith, S., Government Procurement in the WTO (The Hague; London: Kluwer Law International, 2003)Google Scholar
Wittie, P., ‘Transnational Concerns: Domestic Preferences’ (2002) 11 PPLR145Google Scholar
Cibinic, J. and Nash, R., Formation of Government Contracts, 3rd edn (Washington, DC: George Washington University Law School, 1998)Google Scholar
Erridge, A. and Hennigan, S., ‘Public Procurement and Social Policy in Northern Ireland: The Unemployment Pilot Project’, in Piga, G. and Thai, K. (eds.), Advancing Public Procurement (Boca Raton: PrAcademics Press, 2006)Google Scholar
Bolton, P., ‘An Analysis of the Preferential Procurement Legislation of South Africa’ (2007) 16 PPLR36Google Scholar
Bolton, P., The Law of Government Procurement in South Africa (Durban: LexisNexis Butterworths, 2007)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×