Laura Panadès-Estruc

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 153 - 155

Uche Nnawulezi

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 338 - 343

This paper examines the legal framework for public procurement in Nigeria. Basically, the paper examines the applicable legislative framework to public procurement in Nigeria by looking at other statutes containing provisions that, though not specifically focused on public purchase, nevertheless very important to the way government goes about its fiduciary relationship and responsibility in public purchase and acquisition. Consequently, there has been a plethora of constitutional, statutory and administrative provisions, regulations and standards that must be adhered to in public procurement. Aside the above provisions, this paper notes that public procurement is not an item for legislation under the executive and concurrent lists. This paper relied on documentary evidence and hence scooped many secondary sources including research reports emanating from public procurement. More importantly, necessary recommendations are made. The paper concludes that the essence of enacting public procurement law is to ensure the establishment of a regulatory authority, responsible for harmonizing government policies on procurement in Nigeria. Keywords: Public Procurement; Legal Framework; Nigeria; Regulatory Authority.

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 344 - 349

In February 2018 General Court of the European Union delivered a Judgment in Case T-292/15. The Court agreed, partially, with the arguments raised by the Applicant, that the contracting authority (European Commission) committed irregularities in the procurement procedure ‘Consolidation of the Food Safety System in Albania (EuropeAid/129820/C/SER/AL). Consequently, the European Commission has been ordered to pay compensation for the damages suffered by the Applicant in relation to the loss of an opportunity to be awarded the contract and for the costs and expenses related to the participation in the procurement procedure.

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.

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.

Albert Sánchez-Graells

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 97 - 111

This paper provides a critical assessment of the “Feasibility study concerning the actual implementation of a joint cross-border procurement procedure by public buyers from different Member States” prepared by Bundesbeschaffung GmbH and Statens og Kommunernes Indkøbs Service A/S (BBG-SKI) for the European Commission. The paper submits that the study provides some interesting data and details about relevant case studies, but that it does not shed significant light on the doubts created by the rules on joint cross-border public procurement (JCBPP) in the 2014 EU Public Procurement Package, and that the main weakness of the study is its lack of a general legal analytical framework. In order to gain additional legal insights on the basis of the empirical data included in the BBG-SKI study, this paper proposes an analytical framework under which the legal compliance of JCBPP structures is assessed. It then summarises each of the case studies included in the BBG-SKI study and offers a critical (re)assessment of the issues that would have required more information and/or which are insufficiently analysed in the BBG-SKI study. Based on this reorganised empirical evidence, the paper proceeds to a critical assessment of some of the outstanding legal barriers and challenges to JCBPP. It concludes by stressing some of the remaining uncertainties concerning legal development at Member State level, and calls on the European Commission to facilitate more detailed research leading to the adoption of future guidance on JCBPP under the 2014 EU Public Procurement Directives. Keywords: Joint Procurement; Collaborative Procurement; Centralised Purchasing Bodies; Joint Entities; Legal Framework; Choice of Law; Conflict of Laws.

Andrzej Panasiuk, Lukasz Jarocki

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 192 - 200

This article intends to encourage discussion on the case law of the Court of Justice of the European Union (CJEU) and its impact on both European public procurement law in form of directives and national regulations adopted by the European Union (EU) countries. The authors want to indicate the role that the Court’s jurisprudence plays not only in relation to interpretation of existing regulations but also its direct impact on national legal systems. First, the historical evolution of the CJEU and the significance of its case law, with regard to interpretation of the Union law, is discussed. Then, the development of European public procurement law, mainly related to changes made in EU treaties and directives, is presented. Subsequently, the case law of the CJEU and its influence on application, interpretation and to some extent the shape of the European public procurement regulations is examined. In order to prove the existence of the direct impact of the CJEU’s jurisprudence on the shape of Polish public procurement regulations, the development and evolutions of two legal institutions – ‘in-house’ and ‘bodies governed by public law’, which have been the subject of numerous case studies of the Court – is discussed. The concepts developed by the CJEU’s case law and the solutions included in European directives are analysed in order to provide answer to what extent the Polish legislature was inspired by these independently perfected structures of both legal institutions. Such a comparison allows one to determine whether the Polish legislature directly adopted the solutions from the case law of the CJEU and therefore assess the reputation and the role the CJEU plays in law-making processes at the national level. Keywords: CJEU; Judicial Policy-Making; Public Procurement; Poland.

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 183 - 191

It is interesting to note the progressive strategic value assumed by public procurement contracts, which, given the huge amount of demand they convey, can exert a great influence on the supply side. The claims of cost-effectiveness and efficiency of the single market have gradually had to acknowledge the inclusion of social and environmental issues in the awarding procedures of public contracts in order to adapt to sustainable development and smart technological innovation. The Public-Private Partnership (PPP) is suitable for such an operation adopting the philosophy of maximum flexibility and learning-by-doing, in an environment of public-private collaboration which may go as far as to encompass the population. Keywords: Sustainable Procurement and PPP; Innovation; Environment; Risk Allocation.

Miguel Neiva de Oliveira

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 177 - 182

Among the several themes introduced by the new European directives, the present article focuses on highlighting the procedure of public procurement through Framework Agreements and Dynamic Purchasing Systems. We propose to briefly identify and discuss some important issues regarding these two instruments." Keywords: Aggregated Procurement; Special Proceeding Instruments; Substantial Modification of a Contract; Framework Agreement; Central Purchasing Bodies.

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.