The Limits of Public Contract Law

2021 ◽  
Author(s):  
Anthony Joseph Casey ◽  
Anthony Niblett
Keyword(s):  
Contract Law ◽  
Public Contract

scholarly journals Consequences of the Public Contract Law for Purchase of Scientific Appliances in the Czech Republic

2015 ◽  
Vol 63 (2) ◽  
pp. 675-681
Author(s):  
Martin Vyklický
Keyword(s):  
Czech Republic ◽  
Contract Law ◽  
Public Funds ◽  
The Czech Republic ◽  
The Public ◽  
Flow Of Funds ◽  
Science And Research ◽  
Research Equipment ◽  
Public Contract

This article essentially covers in more detail the consequences of the present wording of the Public Contract Law for purchase of scientific appliances in the Czech Republic. The beginning of the article deals with increasing public expenses in research; then, the problem is defined concerning unsuitable wording of certain provisions of the Public Contract Law; while subsequently, the solution for the problem is searched together with the final comments. Investing of public funds into science and research is probably the most efficient in a long-term horizon. However, the flow of funds for acquisition of scientific and research equipment should be supported by appropriate legislation with such wording and form not to prevent purchases of that equipment. Availability of public funds for something which in fact cannot be, due to wrongly set legislation, acquired by a contracting authority is the problem which must be eliminated through timely implementation of the above proposed changes in the Public Contract Law.

Relevance and application of the EU Water Directive in terms of Spain's National Hydrological Plan

2004 ◽  
Vol 49 (7) ◽  
pp. 111-116 ◽  
Author(s):  
A. Embid ◽  
F. Gurrea
Keyword(s):  
Sustainable Development ◽  
Contract Law ◽  
Practical Aspect ◽  
Cost Recovery ◽  
Community Law ◽  
Community Directive ◽  
The Eu ◽  
Public Contract

The National Hydrological Plan Act was passed after the publishing of Community Directive 2000/60/EC. Officially, the Act has taken the existence of the Directive into account, but its handling of the regulation of the Ebro transfer ignores fundamental issues of the Directive, in that it does not envisage the principle of cost recovery, does not clearly determine the uses to which the transferred waters will be put, and it is not orientated towards sustainable development. Furthermore, Spanish public contract law is not in line with Community Law, and this may have repercussions in the practical aspect of possible European subsidies for carrying out the transfer.

scholarly journals Enforcement of Ineffectiveness of Unlawfully Modified Public Contracts

2016 ◽  
Vol 24 ◽  
pp. 43
Author(s):  
Mari Ann Simovart
Keyword(s):  
Reference Point ◽  
Contract Law ◽  
Third Parties ◽  
Locus Standi ◽  
Substantial Modification ◽  
Legal Implications ◽  
Us Government ◽  
Public Contracts ◽  
Government Contract ◽  
Public Contract

Any substantial modification of a public contract needs to be carried out via a new award procedure, and failure to conduct that procedure can lead to ineffectiveness of the relevant contract. However, ineffectiveness of an unlawfully modified public contract can be accompanied by the wider legal implications and fundamental contradictions that this article is intended to ‘map’. To this end, the article firstly analyses questions related to establishing locus standi of third parties in public-contract modification disputes, using US government contract law as a reference point. Secondly, the scope of and collateral implications following from a case of contract ineffectiveness are examined.

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