EU & Global Procurement Regimes - NOTE: THE COURSE IS CANCELLED IN THE AUTUMN SEMESTER 2017

Course content

Please see the course presentation: https://www.youtube.com/watch?v=Zh3GgbnSoIw&feature=em-upload_owner 

This course assist students to develop a sound knowledge of procurement law and relevant legal issues from an international perspective.

The global value of public procurement spending is enormous. Just the OECD countries alone spend a total of €1000 billion per year. In the EU over 250 000 public authorities each year spend around 14% of GDP on the purchase of services, works and supplies. National courts and complaints boards in EU Member States deal with thousands of procurement cases every year . The national practices are supplemented by hundreds of judgments from the Court of Justice of the European Union and the General Courrt on procurement law.

The consequences of a violation of the procurement 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. The core of the course is the EU public procurement system. Additionally, the students will explore global procuremet regimes such as: the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Procurement of Goods, Construction and Services; the World Trade Organization (WTO) Agreement on Government Procurement; the procurement rules of selected finance institutions – the World Bank, the European Bank for Reconstruction and Development (EBRD), the African Development Bank and the Asian Development Bank. Beyond examining the contexts and objectives of these procurement regimes, the course will introduce students to the relationships between supranational procurement frameworks and national procurement rules. In addition the course will present the students with an opportunity to explore recent regulatory procurement reforms in international and selected national procurement regimes.
Emphasis will be on the following points:

  • The purpose of the public procurement rules and its field of application
  • The principles of equal treatment, transparency and open competition
  • Exclusion and selection of tenderers
  • Award and conclusion of the contract
  • Horizontal policies and procurement (social and environmental considerations, SMEs, innovation)
  • Termination of the tender procedure without an award of the contract
  • Enforcement of the public procurement rules

 

It is an advantage if the student has a fundamental knowledge of EU law, in particular with regard to the functioning of the internal market and provisions on free movement and International Trade law. However it is not a prerequisite. The course is intended for both Danish and non-Danish students, which must have sufficient level of knowledge of English. Students from non-legal background are also welcome.

Learning outcome

In general this course builds on knowledge obtained in both bachelor and MA courses as it gives the students the opportunity to work with research methods of jurisprudence and has learning activities that are part of writing a thesis ( problem-oriented case study work), contributes to specialized in-depth academic knowledge, contributes to acquiring skills in application of legal methods to solve complex legal task. More specifically the learning objective 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 international perspective
- Communicate and formulate knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent
- Develop drafting and negotiating skills

The course will be supported by power point slides and the use of a Absalon platform, where the exercises will be explained and information regarding the time frames will be given.
The students will be divided into groups in which they will work throughout whole semester. Groups will be designed to mix Danish and non-Danish students together and at the same time mix women and men. After each group work students will present their group conclusions to the rest of the class. Among others, the following teaching activities will be used:
• think-pair share;
• homework – the students will asked to prepare particular material for an exercise for the next class;
• repetition in the form of a quiz,
• case presentationa and analysis,
• group works (including excercises such as knowledge café and jigsaw)

Recommended literature:

- Abby Semple, A Practical Guide to Public Procurement,  Oxford 2015 (250 pages)

Additional literature is approx. 350 pages

The course is mutely exclusive with EU-udbudsret

Written
Oral
Individual
Collective
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)
ECTS
15 ECTS
Type of assessment
Oral examination, 20 minutes
Oral exam with preparation, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship

Single subject courses (day)

  • Category
  • Hours
  • Seminar
  • 56
  • Preparation
  • 356,5
  • English
  • 412,5