Advanced

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

Åström, Karsten LU and Bröchner, Jan (2007) In Journal of Public Procurement 7(2). p.213-227
Abstract
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... (More)
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. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
law, norms, sustainable development, sociology of law, business, rättssociologiska enheten, rules, public procurement
in
Journal of Public Procurement
volume
7
issue
2
pages
213 - 227
publisher
PrAcademics Press
ISSN
1535-0118
language
English
LU publication?
yes
id
d56a1bc4-f1a7-4b8f-a120-0d0805862d0e (old id 633574)
date added to LUP
2007-12-17 09:44:52
date last changed
2016-04-15 20:37:42
@article{d56a1bc4-f1a7-4b8f-a120-0d0805862d0e,
  abstract     = {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.},
  author       = {Åström, Karsten and Bröchner, Jan},
  issn         = {1535-0118},
  keyword      = {law,norms,sustainable development,sociology of law,business,rättssociologiska enheten,rules,public procurement},
  language     = {eng},
  number       = {2},
  pages        = {213--227},
  publisher    = {PrAcademics Press},
  series       = {Journal of Public Procurement},
  title        = {Imitating Private Business in Public Procurement: Swedish "affärsmässighet".},
  volume       = {7},
  year         = {2007},
}