A taxonomy of horizontal policies in public procurement

doi:10.1017/CBO9780511576041.006

3 - A taxonomy of horizontal policies in public procurement

Published online by Cambridge University Press: 06 September 2009

Sue Arrowsmith

Edited by

Sue Arrowsmith and

Peter Kunzlik

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Sue Arrowsmith: Affiliation:
University of Nottingham
Peter Kunzlik: Affiliation:
City University London

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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.

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Type: Chapter
Information: Social and Environmental Policies in EC Procurement Law
New Directives and New Directions
, pp. 108 - 146

DOI: https://doi.org/10.1017/CBO9780511576041.006 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2009

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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 JAL4CrossRef Google 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.CrossRef Google 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. LR87CrossRef Google 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

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