scholarly journals Equal Pay and EU Public Procurement Law – Case Study of Mandatory Icelandic ÍST85 Standard

2021 ◽  
Vol 4 (1) ◽  
pp. 1-24
Author(s):  
Marta Andhov ◽  
Bergþór Bergsson
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Internal Market ◽  
Market Analysis ◽  
Eu Law ◽  
Equal Pay ◽  
Eu Member States ◽  
The Relationship ◽  
The Eu

 From 2018, it became mandatory to obtain the Icelandic Equal Pay Standard (ÍST85) for all companies with 25+ employees annually operating on the Icelandic market. It has been unclear to what extent – if any – the ÍST85 can be applied in public procurements. This article analyses whether the ÍST85 is compliant with the relevant European Union internal market law, particularly public procurement law. The growing intensity of nudges to include and verify social elements in public procurements can be observed throughout the EU. The analysis of the Islandic case study bears relevance as it can be applied to the EU Member States and other EEA/EFTA States, contemplating similar approaches in their procurements. Section 1 introduces ÍST85. Section 2 analyses the relationship between EEA and EU law, showcasing that this article's analytical outcomes provide lessons applicable beyond Iceland. Section 3 examines how equal pay is regulated under EU law. Section 4 conducts an internal market analysis of ÍST85 compliance by examining the Treaties provisions on free movement. Section 5 introduces the EU public procurement law and examines ÍST85 compliance with Directive 2014/24/EU. Section 6 tests the application of ÍST85 to the Posted Workers Directive. Section 7 concludes the article. 

Some Issues on Public Procurement Principles

2020 ◽  
Vol 26 (2) ◽  
pp. 182-187
Author(s):  
Albena Ivanova
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Case Law ◽  
Internal Market ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
Economic Considerations ◽  
The Eu

AbstractPublic Procurement regulation is mainly justified by economic considerations. The reasons for this are based on the assumption that through the introduction of competitiveness in the respective markets of the Member States, their liberalization as well as integration will follow. As an essential part of the Internal Market, one of the main goals of Public Procurement is to guarantee the free movement of persons, goods, services and capital, which is accomplished specifically through transparent procedures in which participants are placed on equal and non-discriminatory terms. The purpose of this article is to show how the case-law of the Court of Justice of the European Union fills in a gap in the EU law regarding Public Procurement due to a lack of explicit regulations on some issues.

European Union Public Procurement Remedies Regimes

2012 ◽  
pp. 162-184
Author(s):  
Kai Krüger
Keyword(s):  
European Union ◽  
Public Procurement ◽  
European Economic Area ◽  
European Economic ◽  
Eu Member States ◽  
Eu Directive ◽  
Court Of Justice ◽  
Economic Area ◽  
Set Up ◽  
The Eu

The chapter explores the Nordic statutory EU-based remedy regimes. Due to the European Economic Area (EEA) agreement, the EU commitments do not vary between EU member states, Denmark, Finland, and Sweden and (non-members) Norway and Iceland. The legislation on procurement remedies is assumed to be EU/EEA compliant. There are however material differences in the set up for handling disputes and complaints—also subsequent to the 2010-2012 Nordic adaptation of EU Directive 2007/66/EC on enhanced procurement remedies. The pending issue is whether the EU “sufficiently serious breach” principle on treaty infringements applies on liability for procurement flaws. Loss of contract damage has been awarded in all Nordic countries, whereas cases on negative interest (costs in preparing futile tender bids) seem more favorable to plaintiffs. Per mid-2012, there are no Nordic rulings on the effect of the recent somewhat ambiguous EU Court of Justice Strabag and Spijkers 2010 rulings.

Europe’s Cosmopolitan Union

2021 ◽  
pp. 204-226
Author(s):  
Bertjan Wolthuis ◽  
Luigi Corrias
Keyword(s):  
Public Law ◽  
Internal Market ◽  
The Other ◽  
Refugee Crisis ◽  
Eu Law ◽  
Eu Member States ◽  
Cosmopolitan Law ◽  
Migration Law ◽  
Legal Condition ◽  
The Eu

The chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law.

3. The relationship between European Union and United Kingdom competition law

2019 ◽  
pp. 57-75
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
National Competition ◽  
Current Interaction ◽  
Article 50 ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.

Disclosure rules in eu public procurement: Balancing between competition and transparency

2017 ◽  
Vol 16 (4) ◽  
pp. 528-553 ◽  
Author(s):  
Kirsi-Maria Halonen
Keyword(s):  
Public Procurement ◽  
Eu Law ◽  
Member States ◽  
Competitive Effects ◽  
Eu Member States ◽  
Legal Remedies ◽  
Disclosure Of Information ◽  
Disclosure Rules ◽  
Procurement Procedure ◽  
The Eu

The paper examines the disclosure of information within public contract awards under EU law. EU Public Procurement rules have several objectives that may at some times be conflicting with each other. A certain level of transparency of public procurement procedure is necessary in order to fight corruption, enhance trade opportunities and ensure effective legal remedies. On the other hand, too much transparency may have certain anti-competitive effects. The national laws regarding disclosure of information vary in different EU member states. In Finland the EU law principle of effective remedies has been interpreted as requiring full transparency among the bidders. The transparency rules under EU law and certain Member States' national laws are analysed. As a conclusion, it is suggested that the rules on disclosure should not be left solely to the discretion of member states as the over-transparent approach taken by certain member states may negatively affect the markets both on a national and EU level.

9. EU law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Maastricht Treaty ◽  
Eu Law ◽  
The European Union ◽  
Legislative Power ◽  
Treaty Of Amsterdam ◽  
The Relationship ◽  
Direct Applicability ◽  
The Eu

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts.

Reading the Tea Leaves: The Polish Constitutional Tribunal and the Preliminary Ruling Procedure

2015 ◽  
Vol 16 (6) ◽  
pp. 1543-1568
Author(s):  
Aleksandra Kustra
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Tea Leaves ◽  
National Courts ◽  
Legal Provisions ◽  
Constitutional Tribunal ◽  
The Relationship ◽  
The Eu

The main purpose of the preliminary ruling procedure is to prevent divergences in judicial decisions applying European Union (EU) law and to ensure the uniform interpretation of EU legal provisions across Member States. The procedure, introduced in the Founding Treaties, has provided a platform for the Court of Justice of the European Union (hereafter, the ECJ or the CJEU) to deliver seminal judgments that have progressively defined the relationship between national and EU legal systems, among others. The procedure has also helped the ECJ to develop fundamental principles of EU law, including direct effect, indirect effect (i.e., the interpretation of national law in line with directives) and primacy. Being one of the most important aspects of the EU judicial system, the procedure provided by Article 267 of the Treaty on the Functioning of the European Union (hereafter, TFEU) has had an immense impact on the harmonious development of EU law and the way in which national courts and EU courts interact and communicate.

scholarly journals National Law or EU Law

2017 ◽  
Vol 23 (2) ◽  
pp. 187-191
Author(s):  
Georgi Mihaylov
Keyword(s):  
European Union ◽  
Eu Law ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Respective State ◽  
The Eu

Abstract The article examines cases of conflict between the national law of the EU Member States and European Union Law. There is an analysis of the legal advantage of EU law over national law or vice versa. Conclusions have been drawn that the national law should maintain its advantage when the reason for it is contained in the Constitution of the respective state.

scholarly journals The Relationship Between the Charter and General Principles: Looking Back and Looking Forward

2020 ◽  
pp. 1-25
Author(s):  
Emily HANCOX
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Rights Protection ◽  
Transformative Potential ◽  
The Relationship ◽  
The Eu

Abstract Article 6 Treaty on European Union sets out two sources of fundamental rights in the EU—the Charter and the general principles of EU law—without specifying a hierarchy between them. Even though the Charter became binding over a decade ago, the Court of Justice of the European Union (‘CJEU’) is yet to clarify unequivocally how these two sources interact. In this article I argue based upon the relevant legal framework that the Charter ought to replace the general principles it enshrines. This leaves a role for general principles in the incorporation of new and additional rights into the EU legal framework. Such an approach is necessary to ensure that the Charter achieves its aims in enhancing the visibility of the rights protected by EU law, while also providing the impetus for more coherent rights protection within the EU. What an extensive survey of CJEU case law in the field of non-discrimination shows, however, is that the CJEU has struggled to let its general principles case law go, potentially hampering the transformative potential of the Charter.

scholarly journals Are the EU Member States Ready for the New Union Customs Code: Emerging Legal Issues On the National Level

2017 ◽  
Vol 14 (1) ◽  
pp. 58-75
Author(s):  
Gediminas Valantiejus
Keyword(s):  
European Union ◽  
International Trade ◽  
National Level ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Before And After ◽  
The Republic ◽  
The Eu

AbstractIn 2016, the European Union has launched a new and ambitious project for the future regulation of international trade in the European Union and the rules of its taxation: since the 1 May 2016, the new Union Customs Code (UCC) has entered into force. It revokes the old Community Customs Code (CCC), which was applied since 1992, and passed in the form of EU regulation sets brand-new rules for the application of Common Customs Tariff and calculation of customs duties (tariffs) in all the EU Member States. It is oriented to the creation of the paperless environment for the formalisation of international trade operations (full electronic declaration of customs procedures) and ensuring of a more uniform administration of customs duties in the tax and customs authorities of the Member States in the European Union. Therefore, the article raises and seeks to answer the problematic question whether the Member States of the European Union themselves are ready to implement these ambitious goals and does the actual practice of the Member States support that (considering the practice of the Republic of Lithuania). The research, which is based on the analysis of case law in the Republic of Lithuania (case study of recent tax disputes between the taxpayers and customs authorities that arose immediately before and after the entry into force of the UCC), leads to the conclusion that many problematic areas that may negatively impact the functioning of the new Customs Code remain and must be improved, including an adoption of new legislative solutions.

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