Nat & European Pub Proc Law
Run by School of History, Law and Social Sciences
40.000 Credits or 20.000 ECTS Credits
Semester 1 & 2
Organiser: Dr Ama Eyo
Overall aims and purpose
The module exposes students to an understanding of the national and supranational regimes for public procurement in Ireland, United Kingdom, and other EU Member States. The principles and rules from the Treaty of the European Union, the EC Procurement Directives, UK and Irish Procurement legislation, and European and national case law will be examined in detail. The module focuses on enabling candidates to gain in-depth understanding of the rationale for regulating public procurement in the European Union and the main principles and legal rules applicable to public procurement including their legal implications for procurers and suppliers. On completion of the module, candidates will understand the scope, coverage and application of national and European public procurement rules and their application to the tendering procedures and the procurement process (timescales, documentation, advertisement, prequalification, invitation to tender and evaluation, standstill, contract award and dispute resolution etc). The module will also explore the application of the rules to practical issues and scenarios faced by public procurers and suppliers. A strategic element of module is the presentation of learning from the perspectives of both the public procurement function and private sector supplier organisations, to help advance understanding of the complex issues organisations involved in public sector tendering face, and to develop more creative legally compliant public procurement solutions. The module will be attractive to public procurers, suppliers, policy makers and legal advisers as candidates will be skilled in developing and applying insights and techniques of analysis to national and EU public procurement law issues.
Students would also study specific issues that arise in the context of procurements, including abnormally low offers, aggregated procurement, e-procurement, sustainable procurement, and the design and management of procurement contracts. It is expected that these would provide students with an understanding of and requisite competencies to design and manage effective procurement contacts
The main areas to be studied include:
- Introduction to Public Procurement and EU Procurement Policy.
- Procurement under the EC Treaty: objectives and the application of the following Treaty principles to public procurement: free movement; equal treatment; transparency and proportionality
- European Union Procurement Directives
- evolution of procedural rules on Public Procurement
- the rules on coverage (public sector and utilities) and types of contracts,
- the tendering procedures and methods
- the procurement process including specification, advertisement, qualification, invitation to tender and evaluation
- the standstill requirements
- debrief and contract award
- the impact of the remedies regime.
- Infringement and complaints - the European Court of Justice and the European Commission
- Public Procurement in the United Kingdom
- Evolution of the regime, implication of devolution on the UK public procurement framework
- The key rules on the procurement process on advertisement, pre-qualification, invitation to tender and evaluations, standstill, debriefing and contract award and contract award)
- the remedies rules
- Challenging a procurement decision – the main rules in the Remedies Directive and implementing Irish and United Kingdom legislation including their implications for procurers, suppliers, and on the powers of the Common Law Judge
- Abnormally low offers
- Aggregated Procurement
- Electronic Procurement
- Sustainable Public Procurement
- Drafting Procurement contracts
- Intellectual Property Clauses & Procurement contracts
- Clauses that deal with risks and disputes
- Contract Management.
Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.
Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.
Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.
Develop a clear and thorough understanding of good contract pre-planning, drafting, design, and management in order to draft well-structured and clear procurement contracts which are the foundations for effective contract management.
Critically develop contract management approaches and mechanisms that ensure effective procurement outcomes.
Develop a clear and thorough understanding of the objectives, main principles and rules of both national and European Union Public Procurement Law.
Critically analyse the main rules in both the European Union Directives and the national procurement implementing regulations including the law on sustainable public procurement.
Critically understand and appreciate how the European Court of Justice and the National Courts’ case law interpret the provisions of Public Procurement legislation, and what this will mean for those who operate procurement in practice.
Critically assess the impact of European Procurement legislation on national Procurement legislation, thereby utilising the knowledge gained to suggest improvements to existing Procurement Law.
Articulate how comparative approaches are taken on a range of issues, including: • Settlement of Procurement disputes • Sustainable Procurement • Use of procurement to advance social agendas • Electronic procurement.
|Semester 1 - 2 Hour Exam||12.50|
|Semester 1 Essay (3,500 words)||37.50|
|Semester 2 Essay (3,500 words)||37.50|
|Semester 2 - 2 Hour Exam||12.50|
Teaching and Learning Strategy
The module will be taught using a mixture of 22 x 2 hourly seminar slots. Case studies and practical exercise will be used to help the candidates to contextualise active procurement legal problems against a background of realistic scenarios with the opportunity to apply the relevant rules of law that they will have been lectured on. Particular emphasis will be placed on the interaction between European procurement law principles and jurisprudence and procurement practice. Students will be expected to have prepared essential reading on case law, legislation, and other procurement rules prior to the seminar, and will discuss the legal issues raised by the reading in an interactive fashion in order that the class can engage in problem-solving facilitated by the lecturer. Further reading will be recommended after each seminar to progress and further the student’s Procurement Law knowledge and skills.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
Subject specific skills
- Students will acquire an understanding of advanced legal theories and jurisprudence concerning the development of Public Procurement Law at Global, European Union and national levels (UK and Ireland)
- Students will acquire critical awareness of current problems and/or new insights, informed by the latest academic literature, legislation and case law.
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-4432.html
Pre- and Co-requisite Modules
Courses including this module
Compulsory in courses:
- M1AQ: LLM Public Procurement Law and Strategy year 1 (LLM/PPLS)