Petra Ferk

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 1, Page 78 - 82

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 1, Page 73 - 77

​ Karolina Keršytė

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 1, Page 64 - 68

​The subject matter of the Lithuanian country report is the new regulation of public procurement after the 2014 public procurement directives are transferred into Lithuanian legal system. The report focuses on the new regulation of preparation for tenders, the confidentiality requirements, contract award criteria and dispute resolution.

Paul Heijnsbroek

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 1, Page 69 - 70

Ana Hećimović

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 1, Page 48 - 55

Europeanisation is a process whereby EU institutions and policies influence national institutions and policies within the various Member States. The purpose of this paper is to explore whether the Croatian public procurement reform in 2011 was caused by the European Union, domestic variables or by diffusion and interdependence of both. The paper argues that the Croatian public procurement reform was caused by diffusion and interdependence between both the European Union and national institutions.

Tünde Tátrai

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 1, Page 59 - 60

Beata Faracik

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 184 - 197

Despite many efforts being put in the recent years into the reform of the public procurement legislation both at the European and national level in Poland, the increase in the use of sustainable public procurement is disproportionally low. This article looks therefore at the non-legal barriers that affect the use of the sustainable public procurement (including, although not exclusively social clauses, green clauses), based on the research conducted in Poland. It concludes with suggestions of possible solutions and role of non-state actors in stimulating the use of Sustainable Public Procurement. Keywords: Sustainable public procurement; Social clauses; Non-legal barriers; Human rights; Poland.

Augustine Arimoro

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 214 - 228

Huge infrastructure gaps in many countries in the face of budget deficits as well as the need to tap into private sector capital and management expertise are the main reasons why governments across the world adopt the public-private partnership (PPP) model of infrastructure procurement. The first structured PPP arrangement in South Africa dates to 1997 and since then, South Africa has maintained a leading position in PPP administration and regulation in sub-Saharan Africa. As such, the model in South Africa can serve as a template for other countries in sub-Saharan Africa. The paper discusses the legal and regulatory framework for PPP in the country and recommends that the process in South Africa be made simpler and transparent to encourage more interests from both foreign and domestic investors. Keywords: PPP Framework; Infrastructure; Investment; Investor; Public Procurement.

Wojciech Hartung, Katarzyna Kuźma

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 171 - 183

This article discusses the issue of in-house procurement under Polish regulations and how they are applied by local authorities. The authors focus on special conditions in national provisions additional to those provided for in Directive 2014/24/EU. The Polish legislator allows the award of public contracts in a negotiated procedure without publication (single source procurement) among other differences. Polish regulations provide for the performance of local authority tasks via local authority acts. The authors analyse the relationship between public procurement and competition law with regard to the position of local authorities as entities playing a key role in organising public services markets; in Poland, local authorities, including municipalities, have the status of ‘undertaking’ when organising the performance of public services. What has been observed on the market is the tendency for municipal companies to use the privilege created for them in in-house procurement regulations to encroach on a market that is not related to the tasks of their owner and compete with private operators. EU law sets some limits on in-house procurement but does not in itself guarantee uniform application of this modality, leaving a great deal of freedom to Member States. Keywords: Self-governance; In-house procurement; Competition principles; National regulations.

Ragnhild Lunner

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 198 - 206

The increased focus on sustainability in public procurement is reflected in the revised EU public procurement directives from 2014. However, even though the EU lawmakers have underlined the importance of enabling smart, inclusive and sustainable growth, and aspired to provide a tool box for contract authorities who would like to do so, the lack of clear guidance may lead to the scope of action not being used. It may even impede contracting authorities from taking human rights issues and sustainable development into account when procuring goods, services and works. This article analyses some of the developments and innovations in the public procurement Directive 2014/24/EU, hereunder technical specifications, life-cycle costing and exclusion, with the aim of commenting on obstacles and opportunities with regards to promoting human rights through the public procurement process. Keywords: Public procurement; Human rights; Life-cycle cost; Technical specifications; Fair trade