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1
P. Wangelow, V. "EU Public Procurement Law:." European Procurement & Public Private Partnership Law Review 15, no. 2 (2020): 107–23. http://dx.doi.org/10.21552/epppl/2020/2/5.
2
Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 2, no. 2 (June 12, 2018): 40. http://dx.doi.org/10.26417/ejef.v2i2.p40-49.
Анотація:
Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders – including through the electronic procurement expansion – are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving. Key words: public expenditures, value for money, bad management, procurement, electronic procurement.
3
Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 3, no. 1 (April 12, 2018): 40. http://dx.doi.org/10.26417/ejef.v3i1.p40-49.
Анотація:
Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders – including through the electronic procurement expansion – are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving. Key words: public expenditures, value for money, bad management, procurement, electronic procurement.
4
Kheifets, Boris A., and Veronika Yu Chernova. "Public procurement as an instrument for implementing economic policy (experience of EU countries)." RUDN Journal of Economics 28, no. 3 (December 15, 2020): 568–84. http://dx.doi.org/10.22363/2313-2329-2020-28-3-568-584.
Анотація:
The article explores the experience of a number of EU countries. It is revealed that in the EU countries there is growing interest in using public procurement policies for food security by promoting the development of farms, small farmers entering the national market, increasing their incomes, developing rural areas, improving quality nutrition. The main directions of transformation of public procurement policies in the agri-food sector are green public procurements (GPP), aimed at solving environmental problems, and sustainable public procurements (SPP). At the same time, inclusion of quality criteria in the public procurement system and access to the market public procurement of small agricultural producers requires solving a number of problems, including increasing the professionalism of state buyers, introducing innovative methods in boards using modern technology. In addition, the multisectoral nature of these initiatives requires coordinated action between different sectors of the economy at all levels. The conclusion is drawn on the need to transform the Russian government procurement policy in accordance with the target guidelines of economic policy in modern conditions.
5
Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 2, no. 2 (August 1, 2018): 39–48. http://dx.doi.org/10.2478/ejef-2018-0010.
Анотація:
Abstract Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders - including through the electronic procurement expansion - are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving.
6
Milosavljevic, Milos, Nemanja Milanović, and Slađana Benković. "Politics, Policies and Public Procurement Efficiency: A Quantitative Study of 25 European Countries." Lex localis - Journal of Local Self-Government 14, no. 3 (July 31, 2016): 537–58. http://dx.doi.org/10.4335/14.3.537-558(2016).
Анотація:
Public procurements are accounted for nearly one fifth of Gross Domestic Product in the European Union. Accordingly, the efficiency of public procurements has received immense attention of scholars and practitioners in the last few decades, particularly in the field of measuring a cross-country efficiency among the EU Member States. Nevertheless, the extant matrix is based solely on the outputs, thus capturing only a portion of determinants affecting the efficiency. Up to date, very little has been done in comparing the input-output efficiency. This paper aims to develop a set of input and output determinants of public procurement efficiency and compare the efficiency of public procurements of EU Member States. The results indicate that the efficiency based on input-output analysis significantly differs from any current analysis of procurement efficiency.
7
Keulemans, Shelena, and Steven Van de Walle. "Cost-effectiveness, domestic favouritism and sustainability in public procurement." International Journal of Public Sector Management 30, no. 4 (May 8, 2017): 328–41. http://dx.doi.org/10.1108/ijpsm-10-2016-0169.
Анотація:
Purpose The purpose of this paper is to explore and explain public preferences for different public procurement practices. The paper looks into public support for cost-effectiveness, discriminatory procurement in favour of domestic suppliers and sustainable procurement. Design/methodology/approach This study uses Eurobarometer public opinion data on 26.836 EU citizens from 27 EU countries. Findings This paper shows that EU citizens want public authorities to evaluate multiple aspects of any procurement offer in their public procurement decisions. It also found that, although cost-effectiveness and domestic favouritism are still important to EU citizens, citizens are most supportive of the objectives of sustainable procurement. Some associations between citizens’ procurement preferences and their social characteristics and political attitudes were found, but these only explain citizen procurement preferences to a limited extent. Country of residence has the strongest association with citizens’ acceptance of the objectives of sustainable procurement. Research limitations/implications Even though the data contain information on the procurement preferences of a large number of EU citizens, it is a topic of inquiry that is sensitive to social desirability bias. Originality/value This paper contributes to the empirical understanding of public attitudes towards public procurement. It is one of few studies on citizen attitudes towards different public procurement practices.
8
Andhov, Marta, and Bergþór Bergsson. "Equal Pay and EU Public Procurement Law – Case Study of Mandatory Icelandic ÍST85 Standard." Nordic Journal of European Law 4, no. 1 (August 26, 2021): 1–24. http://dx.doi.org/10.36969/njel.v4i1.23178.
Анотація:
From 2018, it became mandatory to obtain the Icelandic Equal Pay Standard (ÍST85) for all companies with 25+ employees annually operating on the Icelandic market. It has been unclear to what extent – if any – the ÍST85 can be applied in public procurements. This article analyses whether the ÍST85 is compliant with the relevant European Union internal market law, particularly public procurement law. The growing intensity of nudges to include and verify social elements in public procurements can be observed throughout the EU. The analysis of the Islandic case study bears relevance as it can be applied to the EU Member States and other EEA/EFTA States, contemplating similar approaches in their procurements. Section 1 introduces ÍST85. Section 2 analyses the relationship between EEA and EU law, showcasing that this article's analytical outcomes provide lessons applicable beyond Iceland. Section 3 examines how equal pay is regulated under EU law. Section 4 conducts an internal market analysis of ÍST85 compliance by examining the Treaties provisions on free movement. Section 5 introduces the EU public procurement law and examines ÍST85 compliance with Directive 2014/24/EU. Section 6 tests the application of ÍST85 to the Posted Workers Directive. Section 7 concludes the article.
9
KRYVENKO, A. "Legal regulation of public procurement: the EU experience." INFORMATION AND LAW, no. 3(38) (September 28, 2021): 192–201. http://dx.doi.org/10.37750/2616-6798.2021.3(38).243825.
Анотація:
The article analyses the development process and establishment of the public procurement institute in Ukraine and foreign countries, examines the organizational and legal regulation of public procurement in Ukraine, identifies legal regulation of public procurement in the European Union and ways to implement the experience of European legislation in the field of public procurement in Ukraine.
10
Telles, P., and G. S. Ølykke. "Sustainable Procurement: A Compliance Perspective of EU Public Procurement Law." European Procurement & Public Private Partnership Law Review 12, no. 3 (2017): 239–52. http://dx.doi.org/10.21552/epppl/2017/3/7.
11
Bovis, Christopher. "The priorities of EU public procurement regulation." ERA Forum 21, no. 2 (May 25, 2020): 283–97. http://dx.doi.org/10.1007/s12027-020-00608-8.
12
Ruohonen, Jukka. "An Acid Test for Europeanization: Public Cyber Security Procurement in the European Union." European Journal for Security Research 5, no. 2 (October 5, 2019): 349–77. http://dx.doi.org/10.1007/s41125-019-00053-w.
Анотація:
Abstract Public procurement refers to processes through which national, regional, and local public authorities, state-owned enterprises, or other related bodies governed by public law, purchase products, services, and public work. Such purchases have been a particularly important element in developing the Internal Market of the European Union (EU). Given recent procurement reforms in the EU, including the 2009 reform on defense procurement, this paper examines public cyber security procurement in Europe. Two questions are examined: (1) whether cyber security procurement differs from public procurement in general, and (2) whether there are any noteworthy signs of Europeanization in terms of cyber security procurement. According to the empirical results, cyber security procurement tends to differ from general public procurement. In particular, competition obstacles are visible in terms of bids for cyber security procurement tenders. This result is accompanied with a visible lack of Europeanization, although the same observation generalizes to public procurement in the EU generally. With these results and the accompanying discussion, the paper contributes to the recent lively discussion about European security and its relation to marketization.
13
Bovis, Christopher. "Public procurement in the EU: Jurisprudence and conceptual directions." Common Market Law Review 49, Issue 1 (February 1, 2012): 247–89. http://dx.doi.org/10.54648/cola2012008.
Анотація:
The present article reviews the emerging conceptual themes from the case law of the European Court of Justice which have triggered the revision of the public procurement Directives, and the alignment of the public procurement acquis with the Europe 2020 Growth Strategy. The Court's jurisprudence has instrumentally influenced the interpretation of public procurement legal concepts such as contracting authorities, the remit of selection and qualification criteria, the parameters for contracting authorities to use environmental and social considerations as award criteria and the principles which underpin the remedies in the award of public contracts. However, the exhaustive harmonization which is inherent in the public procurement directives has caused significant porosity and limitations in the effectiveness of the public procurement acquis. Service concessions, contracts awarded by a contracting authority to another contracting authority on the basis of exclusive rights, public-public partnerships and in-house contractual relations, and contracts which fall below the stipulated value thresholds all reflect upon the forthcoming reforms of the public procurement regime.
14
Kunzlik, Peter. "Neoliberalism and the European Public Procurement Regime." Cambridge Yearbook of European Legal Studies 15 (2013): 283–356. http://dx.doi.org/10.5235/152888713809813666.
Анотація:
AbstractThis chapter briefly describes how neoliberalism achieved its current position as the dominating (if contested) ideology of the developed world and explains core neoliberal values and policy prescriptions, as well as the effect that they have had on public procurement. It explores the ideological importance of public procurement regulation from the neoliberal perspective and the features that neoliberal principles might suggest should be built into any international regime of public procurement regulation. It then describes the regulation of public procurement by the EU, which it argues maps closely onto the predicted neoliberal construct. It explains that, although the EU regime operates by extensively curtailing the purchasing discretion of public bodies in the Member States, neoliberal arguments have been advanced, and are currently being advanced, to curtail that discretion further. It analyses the extent to which such arguments have failed before the Court of Justice of the European Union to date and then explains the far-reaching additional arguments that are currently being advanced to neoliberalise the EU public procurement regime. These argue for the application of ‘competition’ (the ‘efficiency’ concept of competition) and the pursuit of ‘value for money’ as dominating norms for the system. This chapter then explains how the adoption of such norms would curtail the ability of public purchasers to pursue horizontal policies (the use of public procurement to achieve collateral policy goals such as environmental or social policy goals). It argues, however, that the suggested efficiency/value for money norms are not legally justified. This is because the concept of ‘competition’ to which EU public procurement regulation refers is not the neoliberal ‘efficiency’ concept, but a concept based upon economic freedom that is concerned with competitive equality and the structure of competition in public contracts markets. It is also because the present author accepts the argument that has been advanced by Sue Arrowsmith that, although the pursuit of ‘value for money’ is the central goal of the domestic regulation of public procurement, the legal bases on which EU public procurement legislation is founded do not permit it to mandate the pursuit of ‘value for money’ as a matter of European obligation. The chapter argues, in any event, that in the public procurement context, ‘value for money’ is a complex, multi-faceted and value-driven concept that does not equate to neoliberal notions of ‘efficiency’. Finally, it identifies an internal tension between two aspects of the neoliberal prescription in the public procurement context, the desire to constrain public purchaser discretion so as to preclude, in particular, the pursuit of horizontal policies on the one hand, and the preference to use ‘market-based’ instruments of policy rather than regulation on the other. It explains how a further neoliberal preoccupation, the constant need to improve international ‘competitiveness’, has provoked the EU to adopt (as part of its core economic strategy) the pursuit of horizontal policies in public procurement, both on a voluntary basis and as mandated by EU sectoral legislation. It concludes that by so doing, the EU has rejected a central tenet of neoliberal ideology as regards public procurement (hostility to the so-called ‘instrumental’ use of public procurement to implement horizontal policies) and that its direction of travel means that the neoliberal argument that public procurement must be regulated predominantly to achieve ‘efficiency’ has implicitly been discarded.
15
Nyikos, Györgyi, and Gábor Soós. "The Impact of the Public Procurement Control System on the Hungarian Public Administration." Central European Public Administration Review 16, no. 2 (November 20, 2018): 133–56. http://dx.doi.org/10.17573/cepar.2018.2.07.
Анотація:
The complexity of public procurement and the related controls are a significant issue that public authorities are facing in Hungary. The “fear” of being controlled by state authorities and EU auditors is affecting decisions in public procurement. However, research on the effects of such a system is largely absent. The purpose of the article is to explore the functioning of the control system related to EU funded public procurements and to examine its actual and potential impact on the purchases of public authorities. The method is first an introduction of the features of the control system and then the analysis of data from the relevant bodies in order to see the effect of controls and possible difficulties with the system. The results show that despite the seemingly positive impact on the regularity of procedures, the interference in the decisions of public authorities and the delays caused are problematic. It is therefore suggested that the Hungarian government should consider streamlining the control process such as through checks based on samples or focusing on the most risky procedures. The research is the first academic analysis of data related to public procurement control in Hungary, yet it can already inspire the Hungarian and other governments to review the effectiveness of such procedures and to reduce administrative burdens for public authorities as much as possible.
16
Kalesná, Katarína. "Independence of bids in public procurement." Bratislava Law Review 3, no. 2 (December 31, 2019): 69–75. http://dx.doi.org/10.46282/blr.2019.3.2.148.
Анотація:
The article compares the different approach of two bodies of economic regulation – EU competition law and public procurement law – to the concept of undertaking reflecting diverse goals both regulations follow. It starts with general characteristics of competition law and public procurement law, especially as far as their mutual relationship is concerned. In spite of many common goals and important intersections, there are also conflicting issues between them. And concept of undertaking is a topic where the point of view of both blocks of regulation differs. This diversity and its reasons are analysed on the background of the CJ EU judgement in case C-531/16.
17
Caranta, Roberto. "Remedies in EU Public Contract Law: The Proceduralisation of EU Public Procurement Legislation." Review of European Administrative Law 8, no. 1 (June 25, 2015): 75–98. http://dx.doi.org/10.7590/187479815x14313382198331.
18
Radwanowicz-Wanczewska, Joanna. "Implementation of New EU Directives Coordinating the Procedures for Awarding Public Contracts in European Union Member States: The Example of Poland." Studies in Logic, Grammar and Rhetoric 65, no. 1 (December 1, 2020): 133–54. http://dx.doi.org/10.2478/slgr-2020-0052.
Анотація:
Abstract This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect.
19
Mélon, Lela. "More Than a Nudge? Arguments and Tools for Mandating Green Public Procurement in the EU." Sustainability 12, no. 3 (January 30, 2020): 988. http://dx.doi.org/10.3390/su12030988.
Анотація:
The present research paper analyses the EU general and mandatory sectoral legal framework on public procurement, arguing for its inhibiting effect on the EU-wide uptake of green public procurement. It explores de jure and de facto barriers to green public procurement, motivated by the need for a change in the business world towards more sustainable practices through preferably mandatory legal changes of EU corporate law. As the public procurement represents a strong nudge for a qualitative change in private market demand, accounting for a minimum of 12% of the national gross domestic product, it should become environmentally sustainable itself and guide markets through the qualitative and quantitative changes on the demand side. Given the complexity of the current legal framework and the novelty of the approach to public procurement as a strategic tool for the achievement of sustainable production and consumption, a better defined and clear legislative approach is called for, possibly in a mandatory form, clarifying the obligation of public procurers to account for sustainability in their practices, especially as regards incorporating environmental concerns in their purchasing activities. In its current form, the EU legislative public procurement framework entails a seemingly permissive attitude towards green public procurement, hampered in practice by the existing legal institutes in the field, which hamper the strategic use of public procurement and thereby its influence on sustainability on the private markets.
20
Bovis, C. "Public Procurement, Public-Private Partnerships and Public Services in the EU." European Procurement & Public Private Partnership Law Review 5, no. 2 (2010): 12. http://dx.doi.org/10.21552/epppl/2010/2/98.
21
Pouikli, Kleoniki. "Towards mandatory Green Public Procurement (GPP) requirements under the EU Green Deal: reconsidering the role of public procurement as an environmental policy tool." ERA Forum 21, no. 4 (October 28, 2020): 699–721. http://dx.doi.org/10.1007/s12027-020-00635-5.
Анотація:
AbstractThe aim of this paper is to analyze the inclusion of Green Public Procurement (GPP) requirements in the EU public procurement regime. The debate about moving towards greener public purchasing has been fueled afresh in the wake of the EU Green Deal, which highlights the significance of a public procurement regime in pursuing the existing environmental policy goals at EU level. This is also reflected in other key EU policy documents, such as the Circular Economy Package, the Sustainable Development Goals (SDGs) as well as the climate change legislation implementing the Paris Agreement. In this context, this paper aspires to map the intersections between the public spending decisions of contracting authorities and their discretion in inserting environmental considerations through the lens of increasing compliance with the adopted environmental targets.
22
Šostar, Marko, and Ana Marukić. "Challenges of public procurement in EU funded projects." Management: Journal of Contemporary Management Issues 22, no. 2 (December 21, 2017): 99–113. http://dx.doi.org/10.30924/mjcmi/2017.22.2.99.
23
Miranzo Díaz, J. "A Taxonomy of Corruption In EU Public Procurement." European Procurement & Public Private Partnership Law Review 12, no. 4 (2017): 383–95. http://dx.doi.org/10.21552/epppl/2017/4/5.
24
Nielsen, Jørgen Ulff-Møller, and Lars Gottlieb Hansen. "The EU public procurement regime— Does it work?" Intereconomics 36, no. 5 (September 2001): 255–63. http://dx.doi.org/10.1007/bf02928979.
25
Curtol, Federica, Gloria Pesarin, and Tom Vander Beken. "Testing the Mechanism on EU Public Procurement Legislation." European Journal on Criminal Policy and Research 12, no. 3-4 (December 2006): 337–64. http://dx.doi.org/10.1007/s10610-006-9029-9.
26
Giakouminaki, Olga. "The EU Legality Principle in Public Procurement Contracts." Nordic Journal of European Law 3, no. 1 (July 12, 2020): 35–59. http://dx.doi.org/10.36969/njel.v3i1.21992.
Анотація:
The early interest that EU law has demonstrated for public procurement contracts has gradually been molded into a sector-specific paradigm of European administrative law. Despite the constant movement of the sector counting already four generations of substantive and two generations of procedural EU law, its qualification as administrative law provides some pillars of stability; as an expression of a sui generis principle of legality, the award of public contracts is organized via formalistic, yet sometimes rigid and time-consuming procedures, due process emerging as a common principle among national and supranational administrative systems. Even though due process constitutes the gateway to accountability, the aim of the paper is limited to underlining the indicators of administrative procedure in the award of public contracts.
27
Tátrai, Tünde, and Gyöngyi Vörösmarty. "Non-Compliance in Public Procurement – Comparative Study under EU Law." Transylvanian Review of Administrative Sciences, no. 61 E (October 28, 2020): 143–61. http://dx.doi.org/10.24193/tras.61e.8.
Анотація:
There is an expectation towards public policy to ensure efficiency in public procurement (manage public spending properly), ensure accountability and support the social, environmental and other economic and political goals. Increasingly complex regulation raises the question of whether its complexity helps or rather hinders the efficient spending of public money. This paper aims to contribute to the discussion going on about efficiency in public procurement. It investigates non-compliance in public procurement with the aim of revealing types of non-compliance and to structure knowledge on the effects of the remedy system to non-compliance.
28
Siegfried Schnitzer, ohannes. "Regulating public procurement law at supranational level: The example of eu agreements on public procurement." Journal of Public Procurement 10, no. 3 (March 2010): 301–34. http://dx.doi.org/10.1108/jopp-10-03-2010-b001.
29
Hansson, Lisa. "The Private Whistleblower: Defining a New Role in the Public Procurement System." Business and Politics 14, no. 2 (August 2012): 1–26. http://dx.doi.org/10.1515/1469-3569.1406.
Анотація:
Due to EU legislation, public procurement through competitive tendering has been applied in most European countries. One purpose of such procurement is to lower the costs of the procured service and another is for the political level to gain better control over what it is purchasing. However, monitoring problems exist when conducting public procurements; recent studies indicate that actions related to public servant corruption are most common in public procurement processes. Citing cases from Sweden, this article argue that, in the case of public procurement, private firms have assumed a monitoring role towards the public sector similar to that of whistleblowers, and that the public system in fact depends on private firms to detect procurement bypasses committed by civil servants. This article provides an understanding of this monitoring role and discusses its theoretical and practical implications for the public system. I conclude that upholding the public system is not the primary objective of the private whistleblower but a positive side effect. The monitoring role is analyzed in the framework of principal–agent theory and should be seen as complementary to the existing monitoring functions available to public principals.
30
Graells, Albert Sanchez. "Regulatory Substitution Between Labour and Public Procurement Law: The EUs Shifting Approach to Enforcing Labour Standards in Public Contracts." European Public Law 24, Issue 2 (May 1, 2018): 229–54. http://dx.doi.org/10.54648/euro2018014.
Анотація:
In this article, I reflect about a recent regulatory trend concerning the enforcement of labour standards through contract compliance clauses and other requirements of public contracts tendered under European Union public procurement law. On the back of recent developments in the case law of the European Court of Justice regarding cross-border situations of procurement-based enforcement of labour standards, notably in the re-examination of the Rüffert case in both the Bundesdruckerei and RegioPost cases, I reflect on this phenomenon from the perspective of regulatory substitution. In setting out a basic framework to assess regulatory substitution, I hypothesize that most of the difficulties evidenced by the case law stem from the transfer of labour regulation goals to the public procurement sphere. I then aim to test this hypothesis by means of an analysis of labour policy-oriented mechanisms included in the 2014 revision of the EU public procurement rules. I then go on to critically assess the fitness for purpose of the procurement mechanisms from the perspective of contributing to the enforcement of labour standards. I ultimately conclude that, even though the 2014 Public Procurement Package has galvanized the trend of regulatory substitution whereby employment and social goals have now become part and parcel of public procurement strategy in the EU, a close examination of the legal mechanisms created by Directive 2014/24/EU shows that this regulatory substitution is both limited and highly dependent on the implementation (and investment of significant administrative resources) at Member State level.
31
Kranjc, Vesna. "EU and International Organisations Rules on Public-Private Partnerships." Lex localis - Journal of Local Self-Government 7, no. 2 (September 8, 2009): 197–207. http://dx.doi.org/10.4335/81.
Анотація:
Through the public procurement rules, protection of competition, equality of choice and transparency of the procedure in relationships between the public and private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public and private sectors cannot be subject to strict and formal rules on public procurement primarily due to the special nature of business operations, complexity and duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature and the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships.
KEYWORDS: • protection of competition • public-private partnership • concession • European Union
32
Šikić, Marko. "Održiva javna nabava." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 419–46. http://dx.doi.org/10.30925/zpfsr.38.1.15.
Анотація:
Sustainable public procurement, although a relatively old legal concept, began to take shape signifi cantly in the last 20 years. Large purchasing power of the state and the importance of public procurement procedures for each market necessarily led to the awareness and use of public procurement to achieve the secondary, social and environmental objectives. As such, sustainable public procurement certainly has more advantages than disadvantages. Indirect use of public procurement as a tool in achieving better environmental protection and greater inclusion of socially disadvantaged groups in society must be supported. However, the achievement of those goals must always be secondary, because the main objective of public procurement must be the procurement of the best goods, services or works with the least possible cost to the state budget. Sustainable public procurement has a growing importance in the EU legal order, and thus consequently increasing importance in the legal order of the Republic of Croatia. Beginning with the 2004 EU regulatory framework elements of sustainable procurement are included in the legal systems of all member states, while these elements are signifi cantly more present in the 2014 EU regulatory framework. Certain sustainable elements are signifi cantly expanded, while adding some new. The biggest changes are present in the technical specifi cations, criteria for selection of offers, conditions for performance of the contract, in the new institute of life cycle costing as well as environmental labels. The biggest problem is the fact that the implementation of sustainable elements in public procurement procedures is still voluntary and there is no way to force the implementation of these elements. However, I still think that the signifi cantly expanded elements of sustainable procurement in the 2014 EU regulatory framework willl certainly have a signifi cant impact on the achievement of the objective of 50% green public procurement by 2020. The new provisions in conjunction with the planned promotional activities and education of employees can have a signifi cant impact on raising awareness of the importance of sustainable public procurement. However, the fact that part of sustainable procurement relating to the achievement of social goals is not similarly recognized as important in Croatia is dissapointing.
33
Blažo, Ondrej, and Hana Kováčiková. "Access to the Market and the Transparency as Principles of Public Procurement in the Legal Environment of the EU Neighbourhood Policy." International and Comparative Law Review 18, no. 2 (December 1, 2018): 218–36. http://dx.doi.org/10.2478/iclr-2018-0048.
Анотація:
Abstract The authors confront complexness and rigour of EU directives on public procurement vis-à-vis broad wording of international agreements concluded within EU neighbourhood policy. The firs reason for this comparison is ongoing spread of principles of the EU law to the third countries. The second reason is that both rely on the same goals: access to market ad fair environment via transparency because these principles constitute a subtle legal basis for public procurement legislation at all. Finally, these approaches were compared to the approaches employed in recent FTAs - CETA and EUSFTA. This paper is an output in a project granted by APVV-17-0641: Improvement of effectiveness of legal regulation of public procurement within EU law context
34
Krivins, Anatolijs. "Legislative framework of in-house procurement." SHS Web of Conferences 68 (2019): 01026. http://dx.doi.org/10.1051/shsconf/20196801026.
Анотація:
The article “Legislative Framework of In-house Procurement” examines the importance of the concept of the in-house transactions in Public Procurement. The purpose of the work is to analyse the Legislative Framework from the perspective of the principle of free competition. The study of free competition is based on works and the main ideas of the following authors: Adam Smith, Jean-Baptiste Say, David Ricardo, Thomas Robert Malthus, John Stuart Mill, John Maynard Keynes, Friedrich August von Hayek and Milton Friedman. Having done the analysis of the EU directives and regulations concerning In-house Procurement (Directive 2014/24/EU; Directive 2014/25/EU; Directive 2013/34/EU; Case C-107/98, Case C-26/03, Case C-84/03, Case C-295/05, Case C-480/06, Case C-324/07, Case C-573/07, Case C-196/08, Case C182/11 and C183/11), as well as normative regulations of several countries, the author made a conclusion, that In-house Procurement contains considerable threats to the principle of free competition in Public Procurement. In-house Procurement contains considerable threats to the principle of free competition in Public Procurement. The data obtained confirm this hypothesis. The results obtained allow us to develop recommendations for the Legislative Framework of In-house Procurement. The results of the research can be used by procurement theoreticians and practitioners.
35
Krizic, Ivo. "For the Sake of Market Access: Comparing EU and US Approaches to Liberalize Public Procurement in Brazil, India and China." European Foreign Affairs Review 22, Special Issue (August 1, 2017): 77–94. http://dx.doi.org/10.54648/eerr2017021.
Анотація:
The article investigates the mechanisms and effectiveness of EU and US attempts to liberalize public procurement in Brazil, India and China. These emerging countries have been reluctant to fully embrace the EU- and US-induced international procurement regime, which is underpinned by the plurilateral WTO Government Procurement Agreement (GPA). Relying on the Special Issue’s ‘supply-and-demand model’ of regulatory power, the article finds that the EU has developed a more assertive bargaining approach over time compared to the US, and can hereby rely on support from business groups and the centralization of competences at EU-level. In terms of effectiveness, EU and US strategies depend on emerging countries’ demand for external input, with Chinese authorities being most involved in exchanges with EU and US counterparts. Finally, the persistence of domestic preference schemes in the US and low market penetration in the EU undermine their efforts to gain market access abroad, and – worse – inspire emerging countries to introduce not only ‘best’ practices of transparent procurement procedures, but also ‘bad’ practices of protectionism against foreign companies.
36
Corvaglia, Maria Anna. "TTIP Negotiations and Public Procurement: Internal Federalist Tensions and External Risks of Marginalisation." Journal of World Investment & Trade 19, no. 3 (May 3, 2018): 392–414. http://dx.doi.org/10.1163/22119000-12340094.
Анотація:
Abstract Government procurement is perhaps one of the most underexplored areas in the recent academic literature on transatlantic economic relations, yet it was also one of the most protected economic sectors addressed in the now derailed Transatlantic Trade and Investment Partnership (TTIP) negotiations. Even though the European Union (EU) and the United States have undertaken extensive reciprocal procurement commitments under the World Trade Organization’s Agreement on Government Procurement (GPA), as well as in their respective preferential trade agreements (PTAs), the liberalisation and harmonisation of the transatlantic procurement market could not be more ambiguous or controversial. This article aims to deepen our understanding of crucial aspects of the contemporary EU–United States procurement relationship. To this end, the article explores the TTIP negotiations as well as similar PTAs and underlines the potential implications in terms of the fragmentation of the international discipline of procurement regulation.
37
Balshøj, Dorthe Kristensen. "Can Affirmative Action be Allowed in EU Procurement Law? – SMEs to be Positively Discriminated?" European Business Law Review 32, Issue 5 (October 1, 2021): 966–78. http://dx.doi.org/10.54648/eulr2021034.
Анотація:
Affirmative action is a widely acknowledged phenomenon in the US, and in the context of small businesses (US counterpart to European SMEs) within public procurement it is manifested in a 23% set-aside. The purpose of affirmative action in the US is equal treatment – as is the overall purpose of EU law. However, in EU law affirmative action and equal treatment are considered somewhat opposites, for which reason there is no set-asides as such. That said, Article 67(2) of Directive 2014/24/EU provides for including social aspects in the contract award criteria, and therefore the main question of this article is whether it would be against the principle of equal treatment to use Article 67 as a basis for introducing affirmative action to promote SMEs in European public procurement? In this author’s opinion, the answer is no. EU public procurement, US government purchasing, small and medium-sized enterprises, SME, small businesses, affirmative action, sustainable procurement, principle of equal treatment, incomparable positions, Article 47
38
Dawar, Kamala. "The 2016 European Union International Procurement Instruments Amendments to the 2012 Buy European Proposal: A Retrospective Assessment of Its Prospects." Journal of World Trade 50, Issue 5 (October 1, 2016): 845–65. http://dx.doi.org/10.54648/trad2016034.
Анотація:
This article assesses the European Commission’s 2016 Amended Proposal for ‘a Regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries’.1 The proposed regulation aims to improve the conditions under which European Union (EU) businesses can compete for public contracts abroad. It provides the EU with leverage through imposing a price penalty on any tender for an EU procurement which is originating in a country that does not offer the EU ‘reciprocity’ in access to its procurement markets. After introducing the 2016 International Procurement Instrument (IPI) Amended Proposal, the article examines the legal framework of the Amended Proposal with reference to its evolution from the European Commission’s original 2012 proposed regulation. The analysis then turns to the concept of reciprocity, which serves as the justificatory basis of the Commission’s proposal before assessing the 2016 Amended Proposal’s compatibility with the EU’s commitments under the World Trade Organization (WTO), including most notably the World Trade Organization’s Government Procurement Agreement (WTO GPA), the General Agreement on Tariffs and Trade (GATT) and the Agreement on Subsidies and Countervailing Measures (ASCM). This assessment concludes by questioning the compatibility of this proposed regulation with the EU’s obligations under the WTO as well as the objectives of the EU procurement rules, underpinned by Treaty principles.
39
Amann, Markus, Jens K. Roehrich, Michael Eßig, and Christine Harland. "Driving sustainable supply chain management in the public sector." Supply Chain Management: An International Journal 19, no. 3 (May 6, 2014): 351–66. http://dx.doi.org/10.1108/scm-12-2013-0447.
Анотація:
Purpose – The purpose of this paper is to provide evidence of connections between sustainability policy goals included in public procurement tenders and offers and their achievement through contract award. Design/methodology/approach – Two hypotheses based on extant literature and the inducement–contribution theory were tested by means of a survey of 281 procurement files from 2007 to 2009 relating to eight product categories and four European Union (EU) member states. Data were analyzed using structural equation modeling. Findings – Findings indicate that public procurement was more effective in influencing socially responsible goals than environmental goals. In terms of supplier readiness, vendors achieved greater progress in delivering green than socially responsible operations. Research limitations/implications – The collection and analysis of data are based on procurement files, which is a new but also a complex procedure. In comparison to survey data, the data from procurement file analysis are less biased. Practical implications – Public procurement practitioners and sustainability policymakers should consider the use of public procurement as a lever to attain environmental and socially responsible goals. Social implications – Evidence has been provided to demonstrate the strategic use of public procurement impacts on environmental and socially responsible goals, thereby benefiting society. Originality/value – This study contributes in three main ways: first, by adding to existing, limited research on the use of public procurement as a lever of policy goals attainment; second, by examining environmental and socially responsible policy in one study; and third, through providing evidence across EU member states.
40
Jansson, Max Salomon. "Public Procurement and Biofuel Sustainability Criteria: Is There a Link?" Climate Law 6, no. 3-4 (October 11, 2016): 296–313. http://dx.doi.org/10.1163/18786561-00603006.
Анотація:
eu member states promote renewable energy in accordance with the provisions of the Renewable Energy Directive (red). The directive includes fully harmonized sustainability criteria for biofuels. These criteria apply, however, only when biofuel production and consumption are incentivized through financial support or schemes with renewable-energy obligations. The objective of this article is to explore the potential relevance of the sustainability criteria in the context of public procurement, e.g. when a public authority prioritizes the use of biofuels in transport services it purchases and wishes to include certain sustainability criteria. I conclude that red’s sustainability criteria would not apply to most models of sustainable public procurement. With this comes the risk that biofuels are promoted in public procurement in contradiction to the ideals reflected in red. Hence, changes to eu biofuel law should be considered, perhaps even drawing from life-cycle models developed in procurement law.
41
Bovis, C. "Regulatory Trends in Public Procurement at the EU Level." European Procurement & Public Private Partnership Law Review 7, no. 4 (2012): 221–27. http://dx.doi.org/10.21552/epppl/2012/4/149.
42
Gelderman, Cees J., Paul W. Th Ghijsen, and Marc J. Brugman. "Public procurement and EU tendering directives – explaining non‐compliance." International Journal of Public Sector Management 19, no. 7 (December 2006): 702–14. http://dx.doi.org/10.1108/09513550610704716.
43
SAVA, Nadia-Ariadna, and Dacian DRAGOȘ. "The Legal Regime of Smart Contracts in Public Procurement." Transylvanian Review of Administrative Sciences, no. 66E (June 28, 2022): 99–112. http://dx.doi.org/10.24193/tras.66e.6.
Анотація:
This article attempts to critically review the applications of smart contracts in public procurement. The literature on the topic is characterized by an emphasis on potential advantages and uses of this emerging technology, while it lacks in the concrete practical implementations of smart contracts in public procurement. In this context, we wish to realistically outline the legal regime of smart public procurement contracts. For this, we analyze the potential use of blockchain and smart contracts in public procurement at two stages: contract award and contract execution. Our article also discusses case studies of smart public procurement contracts, in order to assess their compatibility with and their impact on the EU public procurement system.
44
Sanchez-Graells, Albert. "You Can’t be Serious." Nordic Journal of European Law 1, no. 1 (December 6, 2018): 1–23. http://dx.doi.org/10.36969/njel.v1i1.18670.
Анотація:
This paper offers some reflections on the position advanced by the EFTA Court that a simple breach of EU public procurement law is in itself sufficient to trigger the contracting authority’s liability in damages (Fosen-Linjen). I argue that this position is flawed because it deviates from previous case law of the Court of Justice of the European Union (Spijker), and because it is based on interpretive errors and internal contradictions in the EFTA Court’s reasoning. In criticising the EFTA Court’s Judgment from the perspective of the harmonisation of EU law, I rely on the better view of the UK Supreme Court. The latter held that the liability of a contracting authority for the breach of EU public procurement rules under the remedies directive is assimilated to that of the State under the general EU law doctrine of State liability and thus requires a sufficiently serious breach (Nuclear Decommissioning Authority). My reflections are based on the need to keep procurement damages litigation constrained to its main function and limited to justified cases. I use this normative position to argue against the expansion of private enforcement of EU public procurement law as a correction of the shortcomings in its public enforcement.
45
Halonen, Kirsi-Maria. "Disclosure rules in eu public procurement: Balancing between competition and transparency." Journal of Public Procurement 16, no. 4 (April 1, 2017): 528–53. http://dx.doi.org/10.1108/jopp-16-04-2016-b005.
Анотація:
The paper examines the disclosure of information within public contract awards under EU law. EU Public Procurement rules have several objectives that may at some times be conflicting with each other. A certain level of transparency of public procurement procedure is necessary in order to fight corruption, enhance trade opportunities and ensure effective legal remedies. On the other hand, too much transparency may have certain anti-competitive effects. The national laws regarding disclosure of information vary in different EU member states. In Finland the EU law principle of effective remedies has been interpreted as requiring full transparency among the bidders. The transparency rules under EU law and certain Member States' national laws are analysed. As a conclusion, it is suggested that the rules on disclosure should not be left solely to the discretion of member states as the over-transparent approach taken by certain member states may negatively affect the markets both on a national and EU level.
46
Zaborowski, Mariusz. "Rynek i implementacja dyrektyw unijnych w zakresie zamówień publicznych w Polsce i Czechach – wybrane aspekty." Cywilizacja i Polityka 15, no. 15 (October 26, 2017): 443–60. http://dx.doi.org/10.5604/01.3001.0010.5483.
Анотація:
The article presents and describes the implementation of EU directives on public procurement in Poland and the Czech Republic. Selected aspects of the Polish and Czech public procurement market and their problems.
47
Jurčík, R. "The economic impact of EC procurement policy." Agricultural Economics (Zemědělská ekonomika) 53, No. 7 (January 7, 2008): 333–37. http://dx.doi.org/10.17221/1155-agricecon.
Анотація:
The economic impact of the EC procurement policy is an important aspect of public procurement in the most areas of industry and agriculture. There exist some studies about the economic impact of the EC procurement policy. The first major study was the one commissioned by the European Commission and published in 1997 as a part of a broader evaluation of the European single market. This dealt with the period from 1987 when the directives were substantially revised, to 1994. In February 2004, the Commission published a new summary analysis of the economic impact of the EC rules covering the period 1995−2002. A report on the functioning of public procurement markets in the EU: benefits from the application of the EU directives and challenges for the future (EC 2004). This confirms a much greater importance of the indirect cross-border activity as compared with the direct cross-border binding activity, and also indicates that this form of trade in public markets has increased further. The above mentioned studies in relation to the Economic Impact of the EC procurement Policy are the object of this article.
48
Jurčík, Radek. "Collaborative defence procurement in the European Union and in the Czech Republic – business principle leading more effectiveness of public expenditure in the field of defence." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2249–53. http://dx.doi.org/10.11118/actaun201361072249.
Анотація:
This article deals with collaborative defence procurement, including critically analyses subjects (agencies) performing defence procurement. In relation to defence procurement author analyses the political, economic and legal context of collaborative defence procurement in the EU and the applicability of EU law (procurement rules) and Czech procurement rule, focussing on opportunities for firms (enterprises). Further, author analyses international organisations and agencies in the field of defence procurement, like OCCAR, NAMSO and EDA. It means the Joint Organisation for Armaments Cooperation, the NATO Maintenance and Supply Organisation (NAMSO) and the European Defence Agency. There is topical theme relating some army controversial tenders in the Czech Republic. Recommendations towards to improve the applicable law are including also.
49
Dawar, Kamala. "Legal Issues of Economic Disintegration: Government Procurement and BREXIT." Legal Issues of Economic Integration 45, Issue 2 (May 1, 2018): 121–39. http://dx.doi.org/10.54648/leie2018007.
Анотація:
This article examines some of the European Union (EU) and World Trade Organization (WTO) legal issues that emerge for the United Kingdom’s (UK) public procurement law and policies following Brexit. It analyses the consequences and sequencing of international negotiations that must now take place since the UK triggered Article 50(2) of the Treaty on the European Union (TEU). Once the UK revokes the European Communities Act 1972, it will no longer be obligated to follow either the Treaty on the Functioning of the European Union (TFEU) or the EU Procurement Directives. Nor will the UK be subject to the commitments the EU has signed up to on behalf of the UK in the WTO Government Procurement Agreement (GPA) and in its Regional Trade Agreements (RTAs). After examining the legal issues concerned with sequencing, the article moves on to assess the domestic, centrifugal forces that will also impact the UK’s public procurement law post-Brexit. Under the Devolution Settlement of 1998, the competence for public procurement was devolved down to the regions of Scotland, Northern Ireland, England and Wales. The article postulates that the legal issues of disintegration that have surfaced under Brexit could potentially fragment a coherent UK wide procurement policy, competition and value for money internally; as well as externally towards the WTO GPA, the EU and other regional procurement agreements. The article puts forward a competition approach to address some of the potentially negative consequences of Brexit undermining value for money, transparency and integration in the UK’s lucrative markets for government procurement. It concludes with the limited hope that the legal and economic issues and challenges resulting from the UK’s referendum on membership of the EU will be a salutatory lesson for all other nations.
50
Wiesbrock, Anja. "An Obligation for Sustainable Procurement? Gauging the Potential Impact of Article 11 TFEU on Public Contracting in the EU." Legal Issues of Economic Integration 40, Issue 2 (May 1, 2013): 105–32. http://dx.doi.org/10.54648/leie2013007.
Анотація:
The integration of environmental criteria into public procurement contracts can constitute a powerful tool to promote desired environmental practices in the EU. As major purchasers of goods and services from the private sector, public entities have significant market power allowing them to influence corporate behaviour by attaching environmental criteria to public contracts. Behind the background of the current revision of the procurement directives, this article discusses the potential implications of the environmental integration principle (EIP) on public contracting in the EU. It is argued that Article 11 TFEU incurs an obligation for the EU legislator to ensure that national authorities are not in a position to entirely disregard environmental concerns. Moreover, the environmental integration principle implies an obligation for a wide use of environmentally friendly procurement mechanisms where no conflict with the objectives of value for money and competitive tendering arises. In the case of competing interests, a proper balancing exercise requires environmental measures that are least restrictive on competitive tendering as well as a procurement framework that is least restrictive on environmental protection.