Will FinTech Cause a Reconsideration of the Administrative and International Law Governing Public Procurement? Journal Artikel Bryane Michael European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 3, Seite 229 - 239 Regulators should not just leave FinTech rulemaking up to financial regulators. Contracting authorities should not just develop or use their own selected FinTech applications willy-nilly. They should contribute to overall changes in a procurement law -which extend far beyond simple supervisory or regulatory technologies (RegTech/SupTech). Governments should get serious about the Agreement on Government Procurement and similar treaties - by creating a new authority to help develop the law needed to put FinTech-enabled procurement platforms in place. China’s own world-leading FinTech and cross-border public procurements do not always contribute to a global level playing field. Any FinTech applications facilitating public procurement should thus encourage compliance with the procurement law legal principles the international community has developed over decades. Keywords: public procurement, financial technology, FinTech
Self-Cleaning in EU Public Procurement Law and Its Transposition into Polish Law Journal Artikel Aldona Kowalczyk, Aleksandra Sołtysińska European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 3, Seite 181 - 192 The concept of self-cleaning was introduced into Polish and EU public procurement law relatively recently though, earlier, many EU Member States and international institutions saw the need to allow errant contractors to show contrition and goodwill by adopting voluntary remedial measures. Numerous doubts attach to specific remedial measures, timeframes and documents needed for a contractor’s recovery of good standing, and to contractors participating in several tenders simultaneously. This article seeks to both propose the imposition of some sort of order on the self-cleaning regime and respond to issues arising in everyday practice and jurisprudence. Keywords: public procurement, self-cleaning, exclusion grounds
A Glance into Smart Cities and the Procurement of AI Based Solutions Journal Artikel Ana Lucia Jaramillo, Katerina Nikolaidou European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 3, Seite 220 - 228 The public sector in Europe can make use of artificial intelligence (AI) to boost its digital transformation. To improve public services in alignment with the European democratic values, principles and rights, public procurement can leverage the innovation of AI for the public good. Both AI and the Internet of Things (IoT), fueled with quality data, offer new possibilities to spark the innovative power of a city, a Smart City. The potential of AI is at the tip of our mobile phones and the connection to networks where data is shared. This can be useful to citizens and administrations, but not without challenges and risks. Therefore, this article explores what a Smart City is, and the benefits and risks of AI based solutions in the context of Innovation Procurement. It offers examples and refers to legal and ethical frameworks for the reuse of data. Keywords: data, artificial intelligence, smart cities, innovation procurement
Is the Authorisation of the Conclusion of a Contract an Interim or a Permanent Measure? Journal Artikel The Hungarian Case Ádám Auer European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 4, Seite 295 - 304 The review phase of public procurement procedures provides the opportunity for taking interim measures. This study shall scrutinise one of these legal institutions. Authorisation of the conclusion of a contract may be requested during the remedy phase of a public procurement procedure before the Hungarian Public Procurement Arbitration Board (PPAB). Under which circumstances is it possible to make such a request? What are the reasonings, grounded on which the PPAB shall establish its decision? The topicality of this study is that the Hungarian Constitutional Court basically has not deemed this peculiar legal institution interim by nature. The legislator must provide for legal remedy in connection to the type of interim measure being scrutinised hereby. Keywords: public interest, public procurement contract, null and void contract, interim measure, Hungary
Belgium ∙ Recent Developments Journal Artikel Steven Van Garsse, Ilenia Vandorpe European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 4, Seite 329 - 333
Iraq ∙ Conflicts, Protests and Bad Management: Is There a Way Out for Iraq’s Public Procurement Problems? Journal Artikel Malik Al Jabori European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 3, Seite 260 - 263
Croatia ∙ Upcoming Amendments to the Croatian Public Procurement Act Journal Artikel Marko Turudić European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 3, Seite 246 - 249
Italy ∙ Brief Overview on Latest Intervention on Italian Public Procurement Discipline Aimed at Hindering the COVID-19 Economic Crisis Journal Artikel Luca Pardi European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 3, Seite 250 - 251
Greece ∙ Upgrading the National Framework Journal Artikel Stelios Tsevas European Procurement & Public Private Partnership Law Review, Jahrgang 16 (2021), Ausgabe 4, Seite 334 - 336
A New Methodology for Improving Penetration, Opportunity-Visibility and Decision-Making by SMEs in EU Public Procurement Journal Artikel Stephen Clear, Gary Clifford, Dermot Cahill, Barb Allen European Procurement & Public Private Partnership Law Review, Jahrgang 15 (2020), Ausgabe 2, Seite 83 - 106 Despite over 30 years of legal harmonisation, stubbornly low levels of cross-border public procurement continue to persist in the EU. In 2016 the European Commission sought new thinking to address this long-standing problem. Drawing on a number of cross-border studies undertaken by the authors, the reasons for low level cross-border procurement penetration are identified. A new action-based framework to increase cross-border procurement is proposed, as are new ideas to make it easier to identify public contracts outside national borders. Suggestions for reforming tender evaluation practices that could encourage SMEs to overcome their aversion to ‘home bias’ are proposed, alongside a ‘balanced scorecard tool’ to guide SMEs making critical cross-border public procurement decisions. Keywords: SMEs, cross-border, EU public procurement, non-tariff-barriers, harmonisation
Estimated Value vs Final Contract Value in Works Public Procurement – What Causes the Discrepancy? Marko Turudić, Melko Dragojević