EU Public Procurement and Innovation
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EU Public Procurement and Innovation

The Innovation Partnership Procedure and Harmonization Challenges

9781800371569 Edward Elgar Publishing
Pedro Cerqueira Gomes, Lawyer, Cerqueira Gomes & Associados and Lecturer, Porto School of Law, Catholic University of Portugal
Publication Date: 2021 ISBN: 978 1 80037 156 9 Extent: 224 pp
This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement – implying interesting harmonisation challenges, mostly regarding the use of the Innovation Partnership Procedure and the national administrative law traditions of the Member States.

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Contents
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This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement.

With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), the book explores the ways in which this new EU legislative framework has succeeded in transforming this legal subject into a driver of innovation. The author explains and analyses in detail the fundamental characteristics of the Innovation Partnership Procedure, while also investigating whether the EU will be capable of increasing the levels of innovation procurement in public sectors of all Member States. Issues and elements of the procedure that can be viewed as challenges of the EU harmonization process are also considered throughout.

Thought-provoking and thorough, EU Public Procurement and Innovation will be a key resource for practitioners, lawyers and consultants in all Member States looking to better understand how to use the Innovation Partnership Procedure within the EU law and legal framework.
Critical Acclaim
‘A recommended read for those who are involved with public procurement, innovation and the question of how EU law influences our ability to overcome societal challenges. Pedro Cerqueira Gomes’ work adds significantly to our understanding of how EU public procurement law influences the discretionary power of public authorities that aim to procure innovative goods, services and works on the market.’
– Willem A. Janssen, EU Law Live

‘This book is a must read for everyone that aspires to innovate through public procurement and for everyone that is interested to know the details and particularities of the Innovation Partnership Procedure. Not only the content of the procedure is analysed but also the politics behind it. More general topics like innovation and harmonisation are discussed so that the reader obtains a broad overview regarding the possibilities to innovate by using public procurement.’
– Sarah Schoenmaekers, Maastricht University, the Netherlands

‘Innovate or Die. Public buyers must answer this most pressing societal need. In 2014 the new EU Procurement Directive introduced a new award procedure – Innovation Partnership. Pedro Cerqueira Gomes’ book timely and thoroughly addresses this new tool, highlighting the different legal and bureaucratic cultures in different Member States.’
– Roberto Caranta, University of Turin, Italy

‘In these times of COVID-19 and the need for innovation in public procurement this is a timely read. Cerqueira Gomes'' book addresses the innovation partnership procedure in detail and provides a helpful guide on its strengths and issues.’
– Pedro Telles, Copenhagen Business School, Denmark

‘Innovation procurement is not only a recurring theme in scholarship and practice, but also a field about to explode as the Commission''s 2018 Guidance starts to generate an impact. This can only be magnified by the renewed emphasis on sustainability and its linkages with innovation in the European Green Deal. Whatever one''s normative position on the use of procurement to foster innovation, Cerqueira Gomes'' book offers a good platform on which to revisit this increasingly important area of policy-making and legislative developments.’
– Albert Sanchez-Graells, University of Bristol Law School, UK

Contents
Contents: 1. Introduction to EU Public Procurement and Innovation 2. The promotion of innovation through EU public procurement rules 3. The development of the EU public procurement system as a strategic system for innovation: a critical perspective on the harmonization process 4. Ratio of the innovation partnership: Article 31 of Directive 2014/24/EU 5. The harmonization challenges of the innovation partnership 6. Conclusion to EU Public Procurement and Innovation Index
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