Brexit and Procurement Law: 1st Edition (Hardback) book cover

Brexit and Procurement Law

1st Edition

By Catherine Maddox


77 pages

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Hardback: 9781138591073
pub: 2018-12-13
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Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit.

At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.

Table of Contents

Abbreviations and definitions


How to use this book

Part I – Challenges and Opportunities


        1. Legal and political context for the future of procurement law
        2. Current legal framework for procurement law

          European Union Withdrawal Act and procurement law

          UK government statements on procurement law policy

          Government White Paper and procurement law

          European Commission Communication – impact of the ‘no deal’ scenario on procurement law

          The Irish Border and its impact on procurement law


        3. European Commission Draft Withdrawal Agreement ("DWA") and procurement law
        4. Draft Withdrawal Agreement key provisions

          Analysis of Draft Withdrawal Agreement key provisions

          Contracts subject to the EU procurement regime after the Transition Period

          Procurement procedures ongoing at the end of the Transition Period

          Draft Withdrawal Agreement and equality under procurement law

          Draft Withdrawal Agreement and modification of existing contracts

          Procurement complaints under the Draft Withdrawal Agreement

          Looking into the future


        5. Losing access to EU online tools, universal classification systems and other guidance
        6. eCertis and the European Single Procurement Document

          OJEU advertising

          Common Procurement Vocabulary codes

          Loss of EU Directive 2014/24 and 2014/23 recitals



        7. Reduction of access to procurement markets
        8. International procurement instrument

          Practicalities of reduced competition


        9. Potential trading models and their impact on UK procurement
        10. Trading models summary

          Existing trading models and their impact on EU-UK procurement law

          Potential future trade agreements and their procurement law implications

          EEA and EFTA state procurement model

          EEA membership and the UK's current membership status

          EEA membership and the UK's future membership status

          EEA procurement regulation and key principles

          EEA procurement regulation and preliminary references

          EEA procurement regulation and control over new legislation

          EFTA procurement model

          Trade arrangements

          Procurement regulation

          Canadian procurement model

          Trade arrangements

          Procurement regulation

          World Trade Organisation- Government Procurement Agreement model

          Government Procurement Agreement Trade Arrangements

          Government Procurement Agreement and its impact on UK procurement

          Government Procurement Agreement procedural requirements

          Government Procurement Agreement dispute settlement mechanisms

          Government Procurement Agreement and UK membership

          Ukraine's procurement model

          Turkey's procurement model

        11. Favouring national suppliers and the 'Buy British' campaign
        12. Case study: Buying British: Harmon

          Case study: Buying British: Contract award for manufacture of British passports

          Case study: Buy Australian: Australia's accession to the GPA

          Buying British: The Equality Act 2010

          Artificial narrowing of technical specifications to favour national suppliers

          EU view on discriminatory procurement policies

        13. Potential revisions of the procurement regime
        14. Potential revisions of the procurement regime - simplifying the current procurement system

          Potential revisions of the procurement regime - below threshold contracts

          Potential revisions of the procurement regime - remedies regime after Brexit

          Remedies regime after Brexit - fast track or tribunal process

          Remedies regime after Brexit - Shorter and Flexible Trials pilot scheme

          Remedies regime after Brexit - remedies review

          Remedies regime after Brexit - remedies systems in other EU member states

          Remedies regime after Brexit - equality


        15. The future of procurement law
        16. Procurement law during the Transition Period

          Procurement law after the Transition Period

          Probable direction of procurement law




          Part II – Key Legislation and Recommended Reading

        17. Annex I: Summary Dashboard
        18. Key pieces of legislation
        19. Recommended reading

Source acknowledgements


About the Author

Catherine Maddox is a solicitor practising EU law in London.

About the Series

Legal Perspectives on Brexit

This shortform series follows the fallout of the UK’s pivotal decision to withdraw from the European Union, otherwise known as Brexit. As politicians and academics discern what this historic decision will mean for UK Law, the books in this series offer a legal library for students, scholars and legal practitioners.

Each book discusses Brexit through its own individual legal specialism, providing expert analysis on sectors which have long been dominated by EU Law. Recognizing a need for academic debate around these legal and political disputes, this series provides a  multifaceted resource exploring contemporary issues.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW / General