EPPPL - European Procurement & Public Private Partnership Law Review

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The search returned 2 results.

Carol Cravero

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 1, Page 30 - 42

Global challenges increasingly require collaborative state-civil society efforts. The formulation and delivery of public policies are no longer the prerogative of the public administration alone. Instead, civil society might play an important role in public policies, including buying practices. Although examples of civil society’s involvement already exist in some public procurement frameworks, its potential is still underexploited or even neglected as to specific public procurement’s stages or purposes. Whilst some specific provisions have been enacted to ensure its effective participation in public procurement to enhance transparency, civil society involvement in buying processes might help fostering sustainability. This paper specifically analyses the questions on how and when (ie at what procurement stage) the involvement of civil society is/can be provided and for what purpose(s) in the light of the 2018 OECD-MAPS and the MDBs guidance documents with a particular focus integrity pacts. Keywords: Sustainable public procurement; Civil society; Integrity.

Claire Martin

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 1, Page 16 - 29

Recent years have seen the flourishing of laws and regulations requiring or encouraging the adoption of corporate compliance programmes, generally under national legal regimes and increasingly, as a condition for participating in public procurement markets. Companies invest considerable effort in putting compliance programmes in place and ensuring that they are effective. Such companies often express scepticism as to the added benefit other anti-corruption efforts, such as Integrity Pacts, can bring. This paper seeks to explore whether, as argued, the Integrity Pact approach duplicates corporate compliance programmes, or, is complementary of them. Drawing on experiences emerging from a pilot project underway in eleven countries in the European Union, the paper concludes that Integrity Pacts can bring a range of benefits that complement compliance programmes and can help address common gaps including supporting in managing risks, delivering training and demonstrating appropriate tone from the top. On this basis it recommends that firms should take a broader view of Integrity Pacts when assessing whether to integrate them into their compliance efforts. Keywords: Civil society; Anti-corruption; ESIF.

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