EPPPL - European Procurement & Public Private Partnership Law Review

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The search returned 2 results.

Kai Hooghoff, Till Wiesner

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 2, Page 118 - 126

The Competition Register for Public Procurement has been put into operation at the Bundeskartellamt in Germany. The Competition Register centrally and electronically provides public contracting entities with comprehensive information on possible grounds for excluding an undertaking from a specific award procedure for having engaged in economic misconduct. A central access point to such information had previously not been available in Germany. The Competition Register closes this information gap and allows public contracting entities to make an informed decision when assessing whether grounds for exclusion exist. The Competition Register also opens up the possibility for undertakings to have their self-cleaning measures checked by a central body. If the Bundeskartellamt deems the requirements for self-cleaning to have been fulfilled, the undertaking’s entry is deleted from the register. This decision is binding on all contracting authorities in Germany, meaning the undertaking in question may then no longer be excluded from procurement procedures. The Bundeskartellamt has published Guidelines and a Practical Guide on self-cleaning and the procedure for the deletion of an entry. Keywords: Competition Register; self-cleaning; grounds for exclusion; compliance

Pedro Telles, Grith Skovgaard Ølykke

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 239 - 252

This article analyses the conceptual link between law and compliance, exploring the different theories and types of compliance (corporate, State and regulatory) and how they can be found today within the EU legal public procurement framework. The analytical focus is on Directive 2014/24/EU and within it how sustainable requirements have increased the level of compliance required, particularly regulatory compliance. Compliance was already present in previous EU public procurement frameworks, but its extent on Directive 2014/24/EU leads the authors to consider the current legal framework as subject to substantial regulatory compliance obligations external to the process of procurement. In short, procurement has been transformed in a way to enforce regulatory obligations that are not intrinsic to the process of buying. This leads to the conclusion that questions such as the cost and trade offs from imposing compliance obligations to public and private bodies warrant further research, particularly at the legal, economic and political science intersection.

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