Contracts not Covered, or not Fully Covered, by the Public Sector Directive
Contracts not Covered, or not Fully Covered, by the Public Sector Directive, is a slightly amended version of Carina Risvig Hamer’s PhD Thesis, which was submitted in February 2012.
The aim of the Thesis is to analyse, clarify, and discuss which positive obligations derived from EU law, in a public procurement law context, a contracting authority must apply when entering into one of the three types of contracts – service concession contracts, contracts below the thresholds and contracts regarding B-services, and how these obligations can be enforced.
Thus, the Thesis analyses, which obligations can be derived from mainly the Treaties’ principle of transparency and the principle of equal treat- ment when a contracting authority enters into one of the three types of contracts (part II of the Thesis).
Furthermore, the Thesis analyses how these obligations can be enforced. Effective remedies are essential to ensure that contracting authorities behave in accordance with the obligations derived from the principles of the Treaties, when entering into one of the three types of contracts. If the principles can be infringed without repercussions, the effectiveness of the principles will be endangered. Thus, effective remedies must be available when the principles have been breached.
The Thesis is available – open access here: Contracts not covered, or not fully covered, by the Public Sector Directive.
