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Keyword: Procurement

The search returned 123 results.

Competition and Serbian Public Procurement Policy journal article

Slavica Joković

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 3, Page 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.

The Future for Public Sector Procurement Law in the Post-Brexit Period journal article open-access

Miltiades C. Elliotis

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 91 - 102

After the UK’s momentous vote to leave the EU, in June 2016, a significant number of public sector officials, began wondering about the future of public procurement in the UK and in the EU, during the post-Brexit period. The consequences of Brexit in this area, as in many others, are in fact difficult to predict; they depend essentially on future political decisions, particularly on the UK’s relationship with the EU. What is clear is that the current procurement regulations will remain in the UK as they are, during the negotiating period , which will probably last until the end of 2019. How will procurement be regulated after that? Certainly, there will be no change in procurement regulations in the EU. What about the corresponding UK regulations? One realistic possibility is that the UK will negotiate a trade agreement with the EU that covers public procurement. Therefore, this could allow the UK to apply the EU procurement regime exactly as it is now. This means that the UK will leave the EU but still be a party to the European Economic Area (EEA) Agreement. Consequently, there will be no change in the procurement regulations in the UK since in essence the EEA applies the same rules on public procurement as the EU does. A second option is for the UK to negotiate another type of trade arrangement with the EU which would certainly include public procurement provisions and it is possible, that these would be the same as those under EU/EEA rules. A third possibility is that the UK will not conclude any specific trade agreement with the EU but that UK trade will be based simply on commitments under the WTO agreements such as the Government Procurement Agreement (GPA) and the General Agreement on Tariffs and Trades (GATT) that currently apply for the UK as part of the EU. A final option is for the UK not to commit to any trade agreements that constrain its strategy for regulating public procurement. This means that with this option it will be difficult to predict the final form of UK public procurement law. All these scenarios are discussed in the present work.

The Possibility to Reserve a Public Contract under the New European Public Procurement Legal Framework journal article

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 307 - 325

Over the years, and owing to a dramatic change in the social configuration of our continent, the initial arrangement consecrated by the Treaty Establishing the European Economic Community of 1957 has evolved, from an essentially economic structure, to an amazingly complex edifice defined by the ‘social market economy’. In this new context, public procurement has been given a central role, as a strategic tool in the implementation of various key social policy objectives. Only this has actually placed it deep in the clash between the traditional internal market rules and those pertaining to EU’s social policies. This article tries to spot the concrete place occupied in the described setting by the possibility to reserve a public contract (an institution discriminatory in its very essence) and how this valuable instrument has been transposed into the national legal framework of Member States. It also aims at showing how, in spite of the fact that, by the adoption of Articles 20 and 77 of Directive 2014/24, the general competition rules haven’t been annihilated but just adapted so to better correspond to the new EU landscape, the solution chosen by several Member States for transposition has in fact perverted their original purpose just to offer sufficient leeway for discrimination based on nationality grounds. Keywords: Public contract reserve; Discrimination; Social policy; Strategic public procurement.

An Examination of the Legal Framework for Public Procurement in Nigeria journal article

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.

Compensation for Damages Incurred in Irregular Public Procurement Procedure journal article

Annotation on the Judgment of the General Court (Third Chamber, Extended Composition) of 28 February 2018 in Case T-292/15, Vakakis kai Synergates v European Commission.

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.

Procurement and Concession Law in Belgium journal article

State of Play and Particularities

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.

Setting the Scene for Defence Procurement Integration in the EU journal article

The Intergovernmental Mechanisms

Simion-Adrian Purza

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 257 - 269

This article provides a contextual overview of the various intergovernmental instruments and mechanisms that define EU defence and security cooperation in general and defence procurement in particular. The main hypothesis is that the legal substance pertaining to EU defence procurement has emerged from the political and strategic level of decision and has been progressively imbedded into various layers of EU policy-making, through a slow but steady trickle-down effect. The article has a twofold approach, providing a conceptual analysis of the main driving forces behind defence cooperation at EU level, along with an attempt to determine the extent to which the European Defence Agency has contributed to the evolution of the EU framework in this field, by promoting coordination mechanisms that have ultimately evolved into concrete regulatory solutions for defence procurement. Keywords: EU defence procurement; European Defence Agency; Intergovernmental cooperation; EU security integration; Directive 2009/81/EC; Code of Conduct.

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