Marco Ceruti

European Procurement & Public Private Partnership Law Review, Jahrgang 15 (2020), Ausgabe 2, Seite 124 - 137

This article explores the exclusion of certain legal services from Directive 2014/24/EU, in relation to the Italian case, where the notion of ‘contract’ (‘appalto’) is opposed to the ‘intellectual/professional work contract’ (‘contratto d’opera’), although the concept of ‘contract’, not that of ‘appalto’, does appear in the European directives. So, with reference to the single legal assignment, a lot of attention must be paid to the terminology. In addition, on the assumption that a public utilitas, albeit modest, must be made contestable, more and more within a traditionally closed market of consolidated (hereditary, I would say) positions that in some ways reproduce a medieval feudal system, it is clear that, by way of a public evidence, some ‘grey areas’ of public administration, where the management of the res publica is intertwined with business and clientelism, generating corruption and malfeasance, in any case precluding impartiality, would be eliminated at the root. Keywords: public procurement, national legislation, exclusion of certain legal services, principles of equal treatment and subsidiarity

Michele Cozzio, Edoardo Tozzo

European Procurement & Public Private Partnership Law Review, Jahrgang 15 (2020), Ausgabe 2, Seite 174 - 178

The directions provided by the Court are clear in considering that the limit on subcontracting imposed by Italian legislation is precluded by Directive 2014/24/EU. The percentage limit fixed in general and abstract terms goes beyond what was necessary to achieve its objective specially in relation to combat organised crime and may make it more difficult for the SMEs to access public contracts.

Teymour Aliyev

European Procurement & Public Private Partnership Law Review, Jahrgang 14 (2019), Ausgabe 1, Seite 55 - 62

The Republic of Azerbaijan, as a young member of the Council of Europe, which ratified and implemented to its legislation the provisions of numerous conventions against corruption as well as other international agreements on combating transnational crimes, money laundering and other corruption-related misconduct, and by being a developing country and benefiting from loans and other funds provided by the World Bank Group (WBG), should substantially upgrade its anti-corruption legislation and especially in the procurement area in order to keep pace with fast changing international standards. Whilst the concept of corruption may be more or less universal both in the national legislation and international normative documents, the notions of fraud and other ‘corruption-related’ misbehaviour in laws of Azerbaijan should be clearly defined and advanced to match the definitions used by the WBG and other multilateral development banks. And when they are legibly defined, the grounds for the exclusion and debarment of bidders and contractors committing such misconduct and sanctions should be broadened and differentiated with an eye to ensure fairness of the procurement process and harmonization with regulations applied internationally. In this work the terms of corruption, forgery, fraud and coercion according to the national legislation of Azerbaijan and the WBG standards have been analysed and compared. Further, in order to demonstrate legal shortages and loopholes at the national level, the legal grounds for the exclusion and debarment of bidders committing corruption-related acts at procurement procedures in Azerbaijan and its champion company SOCAR, and the type of applicable sanctions, with comparison to the provisions of the suspension and debarment standards employed by the WBG, have been described. Finally, the author has tried to offer proposals on the elimination of regulatory gaps for the purpose of ensuring the effectiveness and fairness of procurement-related exclusion and debarment process in Azerbaijan. Keywords: Corruption-related Misconduct; Sanctions; Exclusion; Debarment; World Bank Group; Procurement legislation.

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Jahrgang 14 (2019), Ausgabe 3, Seite 197 - 202

This paper explores the exclusion of certain legal services from Directive 2014/24/EU, in relation to the judgment of the CJEU in the P.M. e a. Case, stating that legal services provided by a lawyer are to be conceived only in the context of a relationship intuitu personae between the lawyers and their client, characterised by the utmost confidentiality and by the free choice of representative, at the same time leaving for national legislatures to determine whether those services should be subject to public procurement rules. Keywords: Public procurement; National legislation; Exclusion of certain legal services; Principles of equal treatment and subsidiarity.

Slavica Joković

European Procurement & Public Private Partnership Law Review, Jahrgang 14 (2019), Ausgabe 3, Seite 174 - 179

This article examines relevant provisions of the public procurement legislation in Serbia that concerns competition, such as principle of ensuring competition and competitive public procurement procedures. Efficient implementation of this legislative framework is essential for enhancing competition in the public procurement market. Furthermore, the article gives a review of some measures introduced in fighting against anticompetitive practice. Finally, it analyses the role of competent institutions in Serbia in the area of public procurement and competition. Keywords: Competition; Public Procurement legislation; Public Procurement principles; Public Procurement procedures; Anticompetitive practice; Acquis communautaire.

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Jahrgang 13 (2018), Ausgabe 3, Seite 234 - 240

Steven Van Garsse

European Procurement & Public Private Partnership Law Review, Jahrgang 13 (2018), Ausgabe 4, Seite 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.