Imitating Private Business in Public Procurement: Swedish "affärsmässighet".

Forskningsoutput: TidskriftsbidragArtikel i vetenskaplig tidskrift

Standard

Imitating Private Business in Public Procurement: Swedish "affärsmässighet". / Åström, Karsten; Bröchner, Jan.

I: Journal of Public Procurement, Vol. 7, Nr. 2, 2007, s. 213-227.

Forskningsoutput: TidskriftsbidragArtikel i vetenskaplig tidskrift

Harvard

APA

CBE

MLA

Vancouver

Author

RIS

TY - JOUR

T1 - Imitating Private Business in Public Procurement: Swedish "affärsmässighet".

AU - Åström, Karsten

AU - Bröchner, Jan

PY - 2007

Y1 - 2007

N2 - While implementing the EC Procurement Directives in Swedish legislation, there remains a reference to 'business-like' (affärsmässig) practice as an external system of norms. The problem is that the term a. might contradict non-economic considerations in the award of contracts. Municipal procurement is often managed by professionals with limited legal expertise, and diverging practices are found. In recent years, the term a. has spread to court practice in other fields and even to one act belonging to private law. The term a. appears as a chameleon, since when used in a context of private law, it conveys a sense of transparency and objectivity traditionally associated with the operation of the legal system rather than with private business practices.

AB - While implementing the EC Procurement Directives in Swedish legislation, there remains a reference to 'business-like' (affärsmässig) practice as an external system of norms. The problem is that the term a. might contradict non-economic considerations in the award of contracts. Municipal procurement is often managed by professionals with limited legal expertise, and diverging practices are found. In recent years, the term a. has spread to court practice in other fields and even to one act belonging to private law. The term a. appears as a chameleon, since when used in a context of private law, it conveys a sense of transparency and objectivity traditionally associated with the operation of the legal system rather than with private business practices.

KW - law

KW - norms

KW - sustainable development

KW - sociology of law

KW - business

KW - rättssociologiska enheten

KW - rules

KW - public procurement

M3 - Article

VL - 7

SP - 213

EP - 227

JO - Journal of Public Procurement

JF - Journal of Public Procurement

SN - 1535-0118

IS - 2

ER -