European Public Procurement: Commentary on Directive 2014/24/EU, Roberto CARANTA and Albert SANCHEZ-GRAELLS (dir.)

Roberto Caranta and Albert Sanchez-Graells

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While the Books section of Concurrences regularly refers to textbooks on public procurement law, the book European Public Procurement: Commentary on Directive 2014/24/EU is a notable publication in many respects.

Despite being in force since 2016, Directive 2014/24/EU of 26 February 2014 on public procurement is still characterized by many grey areas that this book aims to clarify.

Professors Caranta and Sanchez-Graells, who directed the publication of this manual, had the ambition to offer a comprehensive analysis of this central directive of public business law. The promise of a comprehensive analysis is fulfilled on first reading. Indeed, the book is characterized by a great ease of use despite its almost 1,000 pages. This fluidity is explained by an analysis of all the articles of the directive, itself organized through subdivisions as precise as they are detailed. At the same time, the presence of a table of jurisprudence and a precise index greatly facilitates its regular use.

In addition to the purely formal aspects, this report is also characterized by the high quality of the comments presented, as evidenced by the contributions of Professors Caranta and Sanchez-Graells on economic operators (Article 19) and variants (Article 45). The latter are accompanied by numerous specialists in European public procurement law, and even in European economic law.

Several contributions can thus be noted. The commentary by Professors Risvig Hamer and Andhov on Article 18 on the principles of public procurement provides a rich examination, on the one hand, of the traditional principles of public procurement law, such as the principles of transparency, equal treatment and proportionality, and, on the other hand, of those whose status as fundamental principles of public procurement still raises questions in the doctrine, such as the principles of competition and sustainability. The authors thus manage to provide real contributions and a renewed analysis of a subject that is nevertheless classic.

Similarly, the commentary by Professor Skovgaard Ølykke and Christian Clausen under Article 69 of Directive 2014/24/EU on abnormally low tenders returns with great precision to the legal regime of this article. The developments offer a real user guide for buyers and professionals in particular, ranging from the obligation to analyze the existence of an abnormally low tender, its qualification process to that of rejecting such a tender.

This book is therefore an indispensable reference for those involved in public procurement. If professionals, whether they are buyers or specialized lawyers, are the main users, or at least the most regular users, of this book, it is also a major reference for researchers in public procurement law because of its richness, the relevance of its analyses and its quality.