EPPPL - European Procurement & Public Private Partnership Law Review

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The search returned 7 results.

Dagne Sabockis

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 4, Page 237 - 243

This paper proposes a reconciliatory approach to the interpretation of the principle of competition and the principle’s role for green public procurement. To ensure consistency when interpreting article 18(1), second subparagraph of the EU Public Procurement Directive, the paper suggests taking guidance from the general principles of EU law. The paper considers the interpretation of “unduly favouring or disadvantaging” economic operators, and examines which factors are relevant to the assessment of whether the principle of competition is violated in the context of green award criteria. Keywords: green public procurement; competition; principles

Brigita Šimkutė

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 51 - 55

Petra Ferk

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 56 - 59

Albert Sanchez-Graells

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 4 - 18

In December 2020, seeking to start cashing in on its desired ‘Brexit dividends’, the UK Government published the Green Paper ‘Transforming Public Procurement’. The Green Paper sets out a blueprint for the reform of UK public procurement law that aims to depart from the regulatory baseline of EU law and deliver a much-touted ‘bonfire of procurement red tape’. The Green Paper seeks ‘to speed up and simplify [UK] procurement processes, place value for money at their heart, and unleash opportunities for small businesses, charities and social enterprises to innovate in public service delivery’. The Green Paper aims to do so by creating ‘a progressive, modern regime which can adapt to the fastmoving environment in which business operates’ underpinned by ‘a culture of continuous improvement to support more resilient, diverse and innovative supply chains.’ I argue that the Green Paper has very limited transformative potential and that its proposals merely represent an ‘EU law +’ approach to the regulation of public procurement that would only result in an overcomplicated regulatory infrastructure, additional administrative burdens for both public buyers and economic operators, and tensions and contradictions in the oversight model. I conclude that a substantial rethink is needed if the Green Paper’s goals are to be achieved. Keywords: public procurement; reform; deregulation; green paper; transforming public procurement; Brexit

Stelios Tsevas

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 334 - 336

Lela Mélon

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 138 - 161

The strategic use of public procurement across the European Union to contribute to sustainable development has been underdeveloped and unequally distributed among the EU Member States, with seven Member States being sustainable public procurement leaders, and the rest of the Member States having a very modest sustainable public procurement uptake. While Spain has not been one of the best performers, the outstanding Catalan performance as a Spanish autonomous community calls for the analysis of the driving factors that enabled a high sustainable public procurement uptake at the regional and local level. The present article explores the policy coherence, the accompanying legal framework and the supporting activities that have been carried out in Catalonia to incorporate green public procurement as the default procurement option at the regional and local level to serve as a potential model for a transition towards green public procurement for other regional and local procurement authorities. Keywords: sustainability, green public procurement, best practices

European Commission

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 219 - 223

Reform of the EU rules on Public Procurement (PP) of 2014, inter alia, brought about numerous changes, additions and updates of previous rules in order to increase flexibility in terms of procedural issues. However, perhaps more importantly, especially as regards long-term perspectives, it also introduced a more flexible notion of Public Procurement which is intended to promote public procurement as a policy instrument. A major part of this new policy approach pertains to so-called ‘strategic public procurement’ comprising green, social and innovative public procurement. Such a policy approach is seen as a way to achieve targets of Europe’s 2020 Strategy for Smart, Sustainable and Inclusive Growth. This article seeks to illustrate the Commission’s approach to strategic public procurement by indicating the existence of opportunities and tools available at EU level, as well as the scope and objectives of the Commission’s policy. It aims to give an overview of strategic public procurement in the context of the new legal framework, to explain the shift toward strategic procurement and finally to give an indication of the further steps the Commission intends to take.

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