Praxis Legal notes/opinion Short legal notes or opinions - published by experts, interest groups, and sometimes on legal blogs or the sites of law firms – supplement more comprehensive guides with a legal analysis of specific issues. They present and interpret law (incl. case law), sometimes within the framework of national contexts and concrete cases. This category of legal support material was not in the focus of the mapping exercise, but they will be useful in compiling the content of the proposed Legal Handbook. A few examples found have been included in the table below. The first three of the legal notes and opinions in this sample list are at EU level. The first one (‘Public Procurement Award Procedures in Directive 2014/24/EU’) reviews the changes to the Public Procurement Directives under different procedures, and discusses specifically possible issues with the competitive procedure with negotiation and innovation partnership. The second (‘The Link to the Subject-Matter: A Glass Ceiling for Sustainable Public Contracts?’) concerns procurers’ options with regard to the link of awarding criteria to the subject matter, with a focus on sustainability requirements, analysing the origins and justifications for this requirement – supported by ECJ case law. The third (‘Innovation Partnership in the New Public Procurement Regime – A Shift of Focus from Procedural to Contractual Issues?’) addresses Innovation Partnership, discussing inter alia practical legal issues such as IPR and termination risks or State Aid implications. The last two notes have been written for a given national legal context. They deal with Innovation Partnerships; and the choice between competitive dialogue and the new competitive procedure with negotiation. Table 9 Selected legal notes and opinions Level Country Publisher Title Year Language Pages Pedro Telles Public Procurement Award EU and Luke R.A. Procedures in Directive 2014 English 46 Butler 2014/24/EU The Link to the EU Abby Semple A Glass Ceiling for 2014 English 18 Sustainable Public Contracts? Innovation Partnership in the New Public Procurement Marta EU Regime – A Shift of Focus 2017 English 15 Andrecka from Procedural to Contractual Issues? Regulation 31 - Innovation Nat UK Pedro Telles 2016 English 3 partnership Delivering complex projects: competitive dialogue or Nat UK Stephen Kenny 2018 English 3 competitive procedure with negotiation?
Praxis Legal notes/opinion Short legal notes or opinions - published by experts, interest groups, and sometimes on legal blogs or the sites of law firms – supplement more comprehensive guides with a legal analysis of specific issues. They present and interpret law (incl. case law), sometimes within the framework of national contexts and concrete cases. This category of legal support material was not in the focus of the mapping exercise, but they will be useful in compiling the content of the proposed Legal Handbook. A few examples found have been included in the table below. The first three of the legal notes and opinions in this sample list are at EU level. The first one (‘Public Procurement Award Procedures in Directive 2014/24/EU’) reviews the changes to the Public Procurement Directives under different procedures, and discusses specifically possible issues with the competitive procedure with negotiation and innovation partnership. The second (‘The Link to the Subject-Matter: A Glass Ceiling for Sustainable Public Contracts?’) concerns procurers’ options with regard to the link of awarding criteria to the subject matter, with a focus on sustainability requirements, analysing the origins and justifications for this requirement – supported by ECJ case law. The third (‘Innovation Partnership in the New Public Procurement Regime – A Shift of Focus from Procedural to Contractual Issues?’) addresses Innovation Partnership, discussing inter alia practical legal issues such as IPR and termination risks or State Aid implications. The last two notes have been written for a given national legal context. They deal with Innovation Partnerships; and the choice between competitive dialogue and the new competitive procedure with negotiation. Table 9 Selected legal notes and opinions Level Country Publisher Title Year Language Pages EU Pedro Telles and Luke R.A. Butler Public Procurement Award Procedures in Directive 2014/24/EU 2014 English 46 EU Abby Semple The Link to the A Glass Ceiling for Sustainable Public Contracts? 2014 English 18 EU Marta Andrecka Innovation Partnership in the New Public Procurement Regime – A Shift of Focus from Procedural to Contractual Issues? 2017 English 15 Nat UK Pedro Telles Regulation 31 - Innovation partnership 2016 English 3 Nat UK Stephen Kenny Delivering complex projects: competitive dialogue or competitive procedure with negotiation? 2018 English 3
040618_annex_action_2.3.1_action_plan_innovative_public_procurement.docx