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Public Procurement Law and Health care: From Theory to Practice. Research Paper in Law, 2/2010

Hatzopoulos, Vassilis and Stergiou, Hélène (2010) Public Procurement Law and Health care: From Theory to Practice. Research Paper in Law, 2/2010. UNSPECIFIED.

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    Abstract

    From the Introduction. This contribution will focus on the core question if, how and to what extent the EU procurement rules and principles (may) affect the national health care systems. We start our analysis by summarizing the applicable EU public procurement legislation, principles and soft law and its exact scope in relation to health care. (section 2). Subsequently, we turn to the parties in a contract, subject to procurement rules in the field of health care, addressing both the definition of contracting authorities and relevant case law (section 3). This will then lead to an analysis of possible justifications for not holding a tender procedure in the field of health care (section 4). Finally, we illustrate the impact of EU public procurement rules on health care by analysing a Dutch case study, in which the question whether public hospitals in the Netherlands qualify as contracting authorities in terms of the Public Sector Directive stood central (section 5). Our conclusions will follow in section 6.

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    Item Type: Other
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law) > compliance/national implementation
    EU policies and themes > Policies & related activities > public policy/public administration
    EU policies and themes > Policies & related activities > social policy > welfare state
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > College of Europe (Brugge) > Research Papers in Law
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 01 Oct 2013 09:53
    Number of Pages: 38
    Last Modified: 01 Oct 2013 09:53
    URI: http://aei.pitt.edu/id/eprint/44316

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