EPPPL - European Procurement & Public Private Partnership Law Review

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The search returned 4 results.

Ricardo Pedro

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 17 - 26

This article analyses the legal regimes implemented in Portugal for the prevention and combating of corruption in public procurement. Although it is not a new theme, it has received new updates in the law dedicated to the regulation of public procurement – ie, the Public Procurement Code; some of the novelties arising from the imposition of European Union Law on public procurement – while others result from the recent national strategy for the prevention and combating of corruptive phenomena. The implementation of the referred strategy – which covers several areas of action – also benefits matters of public procurement. This has resulted in a set of normative solutions that have strengthened the prevention of corruption, both from an organisational perspective (with the creation of a new public agency for the prevention of corruption) and from an activity perspective (by imposing corruption risk prevention plans, codes of conduct, training programmes and reporting channels, including on contracting authorities). These solutions, particularly the one related to whistleblowing channels, have been reinforced by the recent ‘European Whistleblowing Directive’, which led to the approval of a new national whistleblower protection scheme with immediate relevance in public procurement. Keywords: public procurement; corruption; rule of law; conflict of interests

Ricardo Pedro

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 3 - 13

This article analyses the legal framework implemented in Portugal for the execution of its Recovery and Resilience Plan. Starting from the analysis of the legal framework offered by the European Recovery and Resilience Facility (RRF), it critically analyses the main regulations created on a special or exceptional basis for the implementation of the Portuguese Recovery and Resilience Plan (PRRP), with emphasis on the governance model, but also on the exceptional measures to facilitate budgetary procedures, expenditure authorisation and staff hiring and also special public procurement measures. As these special and exceptional measures are, as a rule, intended to relax or reduce the mechanisms of prior administrative control of certain procedures, the external control of special public procurement measures by the Portuguese Court of Auditors was strengthened. Lastly, and despite the Portuguese legislator not dedicating special legislation to it, the most appropriate means for resolving any legal disputes arising from the implementation of the Portuguese Recovery and Resilience Plan are addressed. The present article will be divided and published in two parts. The first part will be dedicated to the RRF, the PRRP and special measures for its implementation already with reference to the special public procurement measures approved in this context. The second part will be dedicated to the analysis of the special measures for public procurement and the appropriate means for the resolution of possible disputes arising from the execution of the national RRP. In each part we will present the respective conclusions. Keywords: EU Next Generation Funds, Recovery and Resilience Facility, Portuguese Recovery and Resilience Plan, administrative arbitration

Ricardo Pedro

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 2, Page 107 - 117

This article analyses the legal framework implemented in Portugal for the execution of its Recovery and Resilience Plan (RRP). Starting from the analysis of the legal framework offered by the European Recovery and Resilience Mechanism (MRR), it critically analyses the main regulations created on a special or exceptional basis for the implementation of the Portuguese Recovery and Resilience Plan, with emphasis on the governance model, but also on the exceptional measures to facilitate budgetary procedures, expenditure authorisation and staff hiring and also special public procurement measures. As these special and exceptional measures are, as a rule, intended to relax or reduce the mechanisms of prior administrative control of certain procedures, the external control of special public procurement measures by the Portuguese Court of Auditors was strengthened. Lastly, and despite the Portuguese legislator not dedicating special legislation to it, the most appropriate means for resolving any legal disputes arising from the implementation of the Portuguese Recovery and Resilience Plan are addressed. The present article will be divided and published in two parts. The first part will be dedicated to the MRR, Portuguese RRP and special measures for its implementation already with reference to the special procurement measures approved in this context. The second part will be dedicated to the analysis of the special measures for public procurement and the appropriate means for the resolution of possible disputes arising from the execution of the national RRP. In each part we will present the respective conclusions. Keywords: EU Next Generation Funds; Recovery and Resilience Mechanism; Portuguese Recovery and Resilience Plan; special public procurement measures; administrative arbitration

Ricardo Pedro

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 225 - 235

In recent years Portugal has developed diferent regimes of public arbitration, especially in administrative law. The option to find an alternative to the courts, namely to solve conflits in public procurement is an ongoing project and naturaly a solution with advantages and disavantages. This study deals with some aspects of the general theory of administrative arbitration: not only the traditional matters, but also the recent changes to the Portuguese Code of Procedure in Administrative Courts (CPTA), as well as other aspects that we believe should deserve greater attention from the Authors. In addition, the rules on arbitration set out in the Portuguese Public Procurement Code are addressed. Finally, some notes are included on urgent administrative arbitration, in particular on the regime of ‘pre-contractual arbitration litigation’ resulting from the recent amendments to the CPTA. Keywords: administrative arbitration, urgency, public procurement, administrative procedure, appeals of arbitration decisions

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