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

Deividas Soloveičik, Karolis Šimanskis

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 112 - 131

The concept of conflict of interests is the emerging theme in both the EU public procurement doctrine and legal practice. This article is an endeavour to examine the roots of conflict of interests and to understand if generally applicable features of the concept are equally relevant in public procurement law. It will be shown that there are different types of conflict of interests which are relevant, namely to the practice of public procurement and having the sui generis nature. The publication includes the thorough examination of the EU and Lithuanian case-law related to the conflicts of interest as well as the analysis of the relevant provisions of the Directive 2014/24. Keywords: Public Procurement; Lithuania; Conflicts of Interest; eVigilo; Supreme Court; Directive 2014/24.

Dacian C. Dragoş, Alexandra Horváthová

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 266 - 280

Public procurement is the process by which governments as well as other bodies governed by public law purchase products, services and public works. The European Union has adopted legal tools to introduce a certain standard of procedures across its Member States. Nevertheless, there are challenges that remain to be addressed. This article focuses on one area directly connected to both transparency and integrity – conflict of interests. The article first analyses the concept of conflict of interests and how the EU has approached solving conflicts of interests within public procurement. The second part of the article looks into the specifics of two countries that continue to have challenges in addressing conflicts of interests – Romania and Slovakia.