EU Public Procurement Law - NOTE: THE COURSE IS CANCELLED IN THE AUTUMN SEMESTER 2016

Course content

The EU public procurement rules are detailed and complex and of utmost importance in practice as they regulate the use of huge sums and very frequently give rise to disputes. Public procurement amounts to about 20 % of GNP in the Member States of the EU and national courts and complaints boards have dealt with thousands of procurement cases. This national practice is supplemented by about two hundred of judgments from the Court of Justice of the European Union on procurement law.
The consequences of a violation of the rules can be very unpleasant and includes the duty to award damages for the loss of profit to a tenderer and the duty to set aside a concluded contract. The state of procurement law is still uncertain with regard to many questions of importance in practice and the development of the law in this area is highly dynamic. The course will cover both the substantive public procurement law and its enforcement. Emphasis will be on the following points:
• The purpose of the EU public procurement rules and its field of application with emphasis on the concept ”contracting authority”
• The principle of equal treatment of tenderers and the principle of transparency
• The ban on negotiations
• Exclusion and selection of tenderers
• Award and conclusion of the contract
• Non-economic criteria including social and environmental considerations
• Termination of the tender procedure without an award of the contract
• Enforcement of the EC public procurement rules

Learning outcome

The purpose of the course is to enable the students to:
- Explain the purpose of the public procurement rules and their scope of application
- Give a detailed account of the fundamental concepts of public procurement law and procurement procedures
- Identify relevant problems of procurement law
- Analyse questions of public procurement law and to interpret the law and practice in a concrete context
- Present arguments for different solutions in a structured and coherent manner that demonstrates a good overview of and insight into procurement law and practice and the ability to make a qualified choice between these solutions
- Put public procurement law and practice in an EU perspective
- Communicate and formulate knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent

Active participation in the course is expected from the students. It will be an advantage if the student has a fundamental knowledge of EU law in particular with regard to the functioning of the internal market. The courses EU Public Procurement Law and EU-udbud mutually exclude each other.

• Simon Evers Hjelmborg, Peter Stig Jakobsen og Sune Troels Poulsen: Public Procurement Law – the EU directive on public contracts, DJØF Publishing, 1. edition, (curriculum about 360 pages).
• A selection of articles (maximum 140 pages) and leading cases

ECTS
10 ECTS
Type of assessment
Oral examination, 20 min
Oral exam with preparation, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship

Single subject courses (day)

  • Category
  • Hours
  • Seminar
  • 34
  • Preparation
  • 241
  • English
  • 275