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Efficiency and Effectiveness in Public Sector Management: The Regulation of Public Markets and Public-Private Partnerships and Its Impact on Contemporary Theories of Public Administration journal article

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 8 (2013), Issue 2, Page 186 - 199

I. Introduction The public sector integration in the European Union has been an integral part to the concept of the internal market. It provides for economic and policy justifications for establishing a genuinely competitive environment within which both private and public markets may function and inter- State trade patterns flourish. The economic approach to the regulation of the public sector aims at the integration of public markets across the


Risk and Public-Private Partnerships journal article

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 7 (2012), Issue 1, Page 44 - 56

I. Introduction The Public-Private Partnerships offering has been utilised as a credible solution to bridge the infrastructure deficit of many States in both the developed and developing world. PPPs can provide a number of specific benefits to the public sector. In particular, they can offer value for money solutions, where the PPP can attain lower costs, higher levels of service through innovation and reduced risk for the public sector. One of the mo


Public Service Partnerships as Instruments of Public Sector Management in the EU journal article

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 6 (2011), Issue 4, Page 201 - 228

European States are changing their role and their responsibilities in the process of delivering public services. Recent developments have shown that public services require state intervention for their provision, organisation and delivery. Public services often emerge and interface in a sui generis market place which does not correspond to private markets. This axiom implies the relative inability of anti-trust law and policy to regulate this market place, alongside an o


Access to Justice and Remedies in Public Procurement journal article

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 7 (2012), Issue 3, Page 195 - 202

The essential European instruments allowing for access to Justice of the parties involved in a Procurement process are the Remedies Directives. This article reviews the problems which emerged and the three principles on the basis of which the ECJ interpreted and applied these texts: on the one hand the principle of procedural autonomy and on the other the principles of effectiveness and procedural equality. I. Introduction The Remedies Directives1 brought a dece


Regulatory Trends in Public Procurement at the EU Level journal article

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 7 (2012), Issue 4, Page 221 - 227

Within 2013, the European Union will have seen another set of reforms to the EU Public Procurement framework. These reforms aim at linking the Euro 2020 Strategy and public procurement from a macro-perspective which focuses on growth and competitiveness. The significance of liberalised and integrated public procurement as an essential component of the Single Market is well documented.1 Public procurement regulation in the European Union has been influ


Editorial - New Directions in Public Private Partnerships: Judicial Developments from the European Court of Justice journal article

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 6 (2011), Issue 1, Page 1 - 13

I. Introduction Two concepts are fundamental to the traction of public procurement law: the concept of contracting authorities (contracting entities in Utilities procurement) and the concept of public contracts. For the purposes of both the Public Sector and the Utilities procurement Directives, contracting authorities (entities) means the State, regional or local authorities, bodies governed by public law, associations formed by one or several of suc


Public Sector Reforms in China journal article

Christopher Bovis, Wei Hu

European Procurement & Public Private Partnership Law Review, Volume 6 (2011), Issue 1, Page 14 - 22

I. Introduction Government procurement1 is defined by OECD as the purchasing of goods and services by the government for consumption and investment, but not for resale.2 Effective procurement practices are transparent reflecting on the quality of public finances, and are essential for efficiency in public spending. The result of acquiring optimum quality goods and services for public consumption at competitive prices is improved value for taxpayers’ m


Where does the Regulation of Public Procurement and Public Private Partnerships take the Member States of the EU journal article

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 6 (2011), Issue 2, Page 53 - 60

I. Introduction Since its foundation, the European Union has developed a system of legal, economic and political integration which is to be achieved through the progressive convergence of the economic policies of the Member States1. In this context, public procurement becomes one of the keystones within the European law with an estimate amount of business of Euro one trillion which represents about 20 % of the GPD; but what is public procurement in th