Administrative Arbitration in Public Procurement in Portugal: State-of-the-Art journal article Ricardo Pedro European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 225 - 235 In recent years Portugal has developed diferent regimes of public arbitration, especially in administrative law. The option to find an alternative to the courts, namely to solve conflits in public procurement is an ongoing project and naturaly a solution with advantages and disavantages. This study deals with some aspects of the general theory of administrative arbitration: not only the traditional matters, but also the recent changes to the Portuguese Code of Procedure in Administrative Courts (CPTA), as well as other aspects that we believe should deserve greater attention from the Authors. In addition, the rules on arbitration set out in the Portuguese Public Procurement Code are addressed. Finally, some notes are included on urgent administrative arbitration, in particular on the regime of ‘pre-contractual arbitration litigation’ resulting from the recent amendments to the CPTA. Keywords: administrative arbitration, urgency, public procurement, administrative procedure, appeals of arbitration decisions
Legal Remedies for Public Private Partnerships in China journal article Ziwei Zhang European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 216 - 224 Although improving the quality and efficiency of public services, Public Private Partnerships (PPPs) are vulnerable to risks and disputes. Therefore, establishing effective legal remedies is of great significance to PPPs. In China, the existing regulations of remedies for PPPs have some problems, eg regarding aspects of the remedies’ subjects, triggering conditions, and methods. To improve PPPs’ legal remedies, the remedies’ subjects and triggering conditions should be broadened, the remedies’ methods should be reformed, and the applicable legal framework should be further improved. Keywords: public private partnerships, public procurement law, dispute resolution, legal remedies, China
‘Who’s Afraid to Cooperate?’: CJEU Adopts Strict View on Non-Institutionalised Cooperation journal article Annotation of the Judgment of the Court of Justice of the European Union (Fourth Chamber) of 28 May 2020 in Case C-796/18 Informatikgesellschaft für Software-Entwicklung (ISE) mbH v Stadt Cologne and of the Judgment of the Court (Ninth Chamber) of 4 June 2020 in Case C-429/19 Remondis GmbH v Abfallzweckverband Rhein-Mosel-Eifel Stéphanie De Somer, Laura Hofströssler European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 242 - 251 Over the past twenty years, the Court of Justice of the European Union rendered multiple judgments on the subject of exemptions from public procurement law. This case law has been consolidated in the current Public Procurement Directive. The cases examined in the present annotation offered the Court a first opportunity to further clarify the non-institutionalised cooperation exemption in light of this Directive. The Court has seized this occasion to emphasise its strict position on exempted non-institutionalised cooperation once again.
The Netherlands ∙ Compensation of Tendering Costs journal article Paul Heijnsbroek European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 252 - 254
Switzerland ∙ Main Developments between October 2018 and April 2020 journal article Peter Hettich, Daria Lenherr-Segmüller European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 182 - 185
Innovation Procurement in the Elderly Care in the Netherlands: journal article open-access The Vilans Knowledge Programme Dignity and Pride Experience with Open Innovation Carina Pittens, Ana Lucia Jaramillo European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 263 - 275 The Vilans Research Programme Dignity & Pride is the first nationwide innovation procurement project for nursing home services in Europe. The research program aimed to contribute to the structural increase of the quality of services provided to elderly clients in the Netherlands, based on an open innovation approach. This case study provides a policy, legal and theoretical background to illustrate the experience of Vilans in the procurement of R&D leading to insights for improvement of the care of elderly clients. To ensure quality and manage risk, the main building blocks and steering mechanisms included a governance structure with a review committee, an open policy document as part of the technical specifications, and the use of an open procedure of four (thematic) lots and multiple framework agreements covering three R&D steps. Keywords: open; innovation; procurement; Research and Development (R&D); elderly care
The Value of the Value for Money Principle: journal article From a Public Private Partnership Perspective Christina D. Tvarnø European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 282 - 291 The article concerns Public Private Partnerships and the value for money principle. The article presents an analysis of the British value for money principle, the lack of similar principle in the EU public procurement law and the importance of value for money in regard to Public Private Partnerships. This article does not question the key principles of transparency, equal treatment, proportionality, non-discrimination, and competition but discusses the value for money as a relevant legal instrument in regard to Public Private Partnerships in EU public procurement law. Keywords: Public Private Partnerships, value for money, public procurement law, Britain, EU law
Public-Private Partnership as a Solution for Competition Restrictions for Local Governments in Finland journal article Paukku Eelis European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 292 - 300 This article aims to find out how Finnish legislation allows usage of PPPs by local governments. This study was conducted by analysing the main features of PPPs from literature as well as analysing EU and national legislation. The main findings of the study were that the most significant legislation is EU public procurement legislation, which sets a framework on how the public can acquire the skills and problem-solving from the private sector. The procurement method called ‘the competitive dialogue’ has proven to be effective in PPPs. As there are many different forms of PPPs, it is possible that other legislation can create issues with PPPs as well, mainly EU State aid regulation, national, local government regulation, and national competition regulation. As a main result, it can be stated that regulation does not prevent or even hinder the usage of PPPs as long as legal requirements are taken account and markets are not unnecessarily disturbed. Keywords: public-private partnership; PPP; State aid; public procurement; local government regulation; competitive dialogue
Albania ∙ Innovation as a Monitoring Tool to Strengthen Law Enforcement - An Albanian Public Procurement Case journal article Reida Kashta European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 301 - 306
Italy ∙ Consequences of Software Malfunctioning in E-Procurement - The Highest Italian Administrative Court Applies the Proportionality Principle journal article Lorenzo Cioni European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 310 - 313
Estimated Value vs Final Contract Value in Works Public Procurement – What Causes the Discrepancy? Marko Turudić, Melko Dragojević