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The Directive 2014/24/EU and the Implementation of e-Procurement in Portugal – Part I journal article

Raquel Carvalho

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 1, Page 43 - 54

Portugal has been leading the way in the implementation of e-procurement within the European Union. This paper, presented in two Parts, starts, in this Part I, by explaining the framework of e-procurement, describing the Portuguese experience regarding the use of electronic platforms based on factual data assembled by the Portuguese regulatory body. Part II describes the legal regime imposed by the European Union Law thoroughly, particularly by article 22 of Directive 2014/24/EU, which is contained in a specific ruling as it has occurred before the full 2014 Directives transposition. To provide the full picture of e-procurement in Portugal, the paper also explains the projected intention of the Directive transposition and the actual legal ruling enshrined in the Public Contracts Code (PCC). Keywords: e-Procurement; Directive 2014/24/EU Implementation


Directive 2014/24/EU and the Implementation of e-Procurement in Portugal – Part II journal article

Raquel Carvalho

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 70 - 78

This Part II concludes the paper published in EPPPL 1-2019 regarding the implementation of e-procurement in Portugal. In Part I, the evolution regarding e-procurement provisions within Public Procurement Directives from 2004 to 2014 was addressed. Part II now addresses how both the Public Contracts Code and the specific legislation regarding electronic platforms have transposed the 2014 Public Procurement Directives into internal law, namely: (i) how the transposition of articles 29, 22, 40 and annexes of the 2014 Directives was made [not only the legal regime but also how some litigious questions were taken (and solved) to national administrative courts]; (ii) how the first intention of the Legislator to transpose the 2014 Directives went; and (iii) how they were actually effectively transposed. As already referred to in Part I, the transposition of the 2014 Directives in Portugal was made through a two-step procedure. Article 22 of the 2014/24/Directive was regulated by Law 96/2015, a very extensive and complex regulation regarding e-procurement, while the remaining provisions of the 2014 Directives were transposed in 2017 after a period of public discussion of a very different draft. The path that has been built since 2004 is, thus, consolidated.



Procurement and Concession Law in Belgium journal article

State of Play and Particularities

Steven Van Garsse

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 293 - 300

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts and public procurement Directives 2014/24 and 2014/25 were transposed into the Belgian legal system by the Public Procurement Act of 17 June 2016 and the Concession Act of 17 June 2016. The legislation entered into force on 30 June 2017. The main features of the public procurement and concessions regulations are in line with the European Directives. Belgian public procurement and concession rules are not a slavishly copy of the directives however. This contribution discusses some particularities and choices made by the Belgian legislator. A number of provisions are criticized, especially as doubts arise as to their compatibility with European Law. Keywords: Public Procurement; Concessions; Legislation; Implementation; Particularities.

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