Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 3 (2008), Ausgabe 4, Seite 2

Editorial The European Commissioner for the Internal Market and Services, Charlie McCreevy reiterated the importance of public private partnerships and public procurement in the Commission’s strategy to stimulate the European economy in a meeting with the Business Services Association in London, on 11 December 2008. He referred to the long-standing experience of the UK as far as PPPs and outsourcing services and the demonstrable track record of p

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 3 (2008), Ausgabe 1, Seite 19

The Effects of the Principles of Transparency on Public Procurement and PPP Regulation The principles of transparency and accountability depict the skeleton of public procurement and public private partnership regulation. They have direct influence on two fronts: a) the behavioral patterns of the state, public bodies and contracting authorities and b) the emergence and structure of a sui generis market place. The regulation of public procurement, through t

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 3 (2008), Ausgabe 4, Seite 14

I. Introduction National defence has always been an issue of great importance in every society. Nations raise armies and develop and produce weapons to arm them in order to defend their own borders and also to assert themselves over other nations. Behind today’s defence systems is a vast industry researching, developing, producing and, ultimately, selling the weaponry needed to sustain military readiness. This military-industrial relationship accounts

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 3 (2008), Ausgabe 3, Seite 20

How Do Member States view Public Private Partnerships? How Do Member States view Public Private Partnerships? A critical analysis of the public consultation of the Green Paper on PPPs and the Commission’s Information Memorandum on Institutional PPPs.** I. Background The aim of the PPP Green Paper was to launch a debate to find out whether the Community needs to intervene to give economic operators in the Member States better access to the various form

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 3 (2008), Ausgabe 2, Seite 13

I. Introduction A conceptual dissection of the application of state aids rules to transport reveals a pendulum effect between the functioning of two concepts across the specific sectors: public service obligations (PSO) and operational state aids. The sectoral application of state aids law and policy to the EU transport has been channeled through Articles 73 and 76 EC. The function of these legal provisions within the legislative system of state aids

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 3 (2008), Ausgabe 1, Seite 4

Editorial Interpretative Communication on the application of Community law (on Public Procurement) and Concessions to IPPP The European Parliament, in its Resolution on Public-Private Partnerships1, acknowledged the need for clarity about the application of procurement law to the creation of public-private undertakings in connection with the award of a contract or concession, and called on the Commission to provide clarifications in the fork of a

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 3 (2008), Ausgabe 2, Seite 2

Editorial Significant developments affect Urban Regeneration in the UK and introduce a policy framework for PPPs The Housing and Regeneration Bill In July 2007 the Housing Green Paper, Homes for the Future: more affordable, more sustainable, set a goal of increasing the supply of housing so that three million new homes are provided by 2020. This goal was set in response to the fact that housing supply is failing to keep up with rising demand

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 2 (2007), Ausgabe 2, Seite 8

The award of public private partnerships follows the rules stipulated in the EU Public Procurement Directives. For the purposes of accountability, legal certainty and legitimate expectation, European institutions envisaged the introduction of a system of judicial review of the award stage of public contracts, which include public private partnerships either in institutional or contractual form or in the form of a concession. Traditionally, the enactme

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 2 (2007), Ausgabe 1, Seite 4

Editorial Acceleration of PPP development on the national level through legislative activities? A number of country reports in this journal constantly reflect complaints about a slow development of PPP in several member states of the European Union. These complaints also echoed through the PPP world in Germany for many years. Since 2003, the trend changed and, as can be seen in the documentation by Hans Wilhelm Alfen and Andreas Leupold

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Jahrgang 2 (2007), Ausgabe 1, Seite 5

I. Introduction One of the most important ingredients for the applicability of the Public Sector Directive is the existence of a public contract. What determines the nature of a public contract is not the legal regime that governs its terms and conditions and the relations between the parties. The crucial characteristic of a public contract for the purpose of the Public Sector Directive is the makeup of the parties to that contract. More specifically,