UiB : Juridisk Fakultet : eksamen : valgemner

Pensum

EU and EEA International Public and Utilities Contract Law (30 ECTS-credits) - JUS350

 

FALL TERM 2008 - Home exam

"On the limits for "in-house" public purchasing without publishing a call for competition ("direct purchasing") - and on the remedies for infringements in view of current and forthcoming amended EU directive 89/665."


FALL TERM 2007 - Home exam

"On the enforcement of EU and EEA public procurement law, with special reference to principles of transparency and efficiency."


FALL TERM 2006 - Home exam

"Aspects and implications of Dir 2004/18/EC Art 2."


FALL TERM 2005 - Home exam

"On the scope of Directive 2004/18, with a special focus on the question of "in house" works, supplies and services in regard of detached entities in a liberalised municipal sector."


FALL TERM 2004 - Home Exam

"On the pursuit of non-economical policies in the EU law of public contracts, with special focus on case law and forthcoming Dir 2004/18/EC.”


FALL TERM 2003 - Home Exam

“On relations and interplay between the Treaty provisions and principles and secondary legislation in EU procurement law."


FALL TERM 2002 - Home Exam 

"On the pursuit of non-economical policies in the law of public contracts.

A comparison between EU procurement legal regime and GPA law, with a view to expected future reform of the EU directives.


FALL TERM 2001 - Home Exam

Procurement rules and principles within the offshore oil and gas industry as compared to procurement within "classical" public sector.


FALL TERM 2000 - Home Exam

1. Transparency - the concept, its function in and impact on procurement law;

2. On liability for damage where a contracting entity in the award procedure violates statutory provisions securing transparency.

Both questions are to be answered.


FALL TERM 1999 - Home exam

On competitive non-discriminatory award of licenses and contracts within the offshore oil and gas industry, discuss the following issues ( in any order preferred);

 

1. to which extent is contracting and pre-contractual negotiation for contracts within the industry affected by EU procurement or competition law:

2. to which extent will commercial "best value for money" objectives be affected positively or negatively by statutory utilities' procurement rules;

3. a comparison between the rules on award of license and contract statutory regime;

4. explain the regime of statutory sanctions and remedies on contracts and licenses with a particular reference to the following:


FALL TERM 1998 - Home Exam

MAIN TITLE:

"On pre-contractual procedures for the award of public contracts".

SUBTITLE:
On entities' autonomy to choose a preferred procedure. A comparison between main aspects of formal tender procedures and negotiated procedures under the EU/EEA and other international regulated procurement regimes.
With special focus on limitations on communication by negotiations and/ or consecutive precontractual exchange of offers, counter-offers, clarifications, amendments in contract formalia etc.

Expected length of paper: 25-30 pages in A4 typewriting or equivalent in hand writing. References to literature (footnotes etc) are not required.

ECJ cases should by cited as shown in the following sample:

C243/89 Commission v/Kingdom of Denmark (1993) E.C.R. I-3353. Title of paper - sufficient to write main title: "On pre-contractual procedures for the award of public contracts".


FALL TERM 1997 - Home Exam

1. The meaning and impact of principles on non-discriminative, competitive, transparent policies in the areas of EU/EEA and GPA public contracting - an outline of basic elements.

2. An interpretation of EU/EEA and GPA provisions on contract documentation, selection of candidates and criteria for final award of public contracts - with å particular reference to the adaption of non-economical objectives and purposes.

3. A comment on Commission`s 1996 "Green Paper" (COM (96) 583 final) on the issues referred to under 1. and 2.

The topics under 1., 2. and 3. may be dealt with separately or jointly in candidate's option.


FALL TERM 1996 - Home-Exam

Basic principles in community EC law on the management of contract awards within the offshore oil and gas sector.

With particular reference to conflicting interest of pursuing labour policies and the protection of EC and EEA employees.