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Die Entscheidung als Handlungsform des Europäischen Gemeinschaftsrechts. /. Bd. 3 / Matthias Vogt.
Tübingen : Mohr Siebeck, 2005
XVIII, 399 S. ; 24 cm.
The decision as described in Article 249 Paragraph 4 of the Treaty establishing the European Community is undoubtedly that form of taking action in European Community law which up to now has been given little attention by legal experts. Matthias Vogt bases his work on a broad review of the practice of law-making and develops a typology of decisions. He shows that decisions are much more than the Community law counterpart to the administrative act in domestic law. The decision surpasses all the other instruments of Community law not only in the flexibility of the way it is used but also in the heterogeneity of the legal rules to be applied. Up to now, too little significance has been attached to the decision as a central component of the "European legislative-administrative association", especially in the field of normative control
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Gleichbehandlung und Transparenz als gemeinschaftsrechtliche Prinzipien der staatlichen Auftragsvergabe.. /. Bd. 37 / Florian Huerkamp.
Tübingen : Mohr Siebeck, 2010
XXIV, 361 S. ; 24 cm.
Public procurement law is increasingly turning into a "matter of principle" rather than a "matter of policy." It is the principle of equal treatment in Community law which is responsible for this, a principle in which the European Court of Justice sees the obligation to make the awarding of a contract transparent. Increasing the scope of the principle of equal treatment - not only its content, which would make it the standard criterion for government procurement, demanding more than merely applying the same conditions to all applicants when calling for tenders, but also its range, could cause theoretical and practical problems. Florian Huerkamp outlines a theory of basic principles of Community law for awarding contracts in which the obligations for the national contracting authority resulting from the principle of equal treatment are structured in such a way that they allow for a legally compliant application by the procurement agencies
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Juristische Methodik. /. Bd. 2, Europarecht / Friedrich Müller, Ralph Christensen.
Berlin : Duncker & Humblot, 2007
622 S. ; 22 cm.
This book delas with the problems and the state of the methodology of the community law. It shows the different elements an techniques of the right application of community law. The final chapter deals about the reviewability of the decisions of the European Court of Justice
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