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The search returned 4 results.

Is the Authorisation of the Conclusion of a Contract an Interim or a Permanent Measure? journal article

The Hungarian Case

Ádám Auer

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 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

Public Procurement, Culture and Mozzarella: ‘Que Dici?’ journal article

Sarah Schoenmaekers

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 205 - 219

Directive 2014/24/EU on public procurement establishes rules on the procedures for procurement by contracting authorities with respect to public contracts as well as design contests, whose value is above the European thresholds. Next to purely economic goals, the Directive incorporates common societal goals and aims to contribute to environmental and social objectives and sustainable innovation as well. Directive 2014/24/EU does not refer to cultural considerations in general. It only contains a specific exclusion from the scope of application of the Directive for audiovisual or radio media services and indicates that a special regime is applicable to certain social and other specific services as it is believed that they have by their very nature a limited cross-border dimension. These ‘special’ services are provided within a national context that varies among the Member States due to different cultural traditions. For the procurement of works, supplies and services that do not fall within this special category, specific cultural considerations seem not to be warranted. While on the one hand, procurement procedures have to be applied in conformity with the principle of equal treatment so that all tenderers must have equality of opportunity when formulating their tenders, Article 167 of the Treaty on the Functioning of the European Union holds that Member States are the principal actors in charge of the flowering of their cultures, that the EU should contribute to this and that it should respect the Member State’s national and regional diversity. This article will investigate whether and in how far Directive 2014/24/EU allows room for national contracting authorities to explicitly and implicitly take cultural concerns into account in procurement procedures. The purchase of ‘Mozzarella’ by means of a procurement procedure will serve as an example to analyse whether cultural considerations can implicitly play a role to overcome the ‘buy local’ prohibition, even for products that enjoy a protected designation of origin. Keywords: Directive 2014/24/EU, culture, equal treatment, public interest

Opinion ∙ Unsolicited Proposals for PPPs in Developing Economies journal article

Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 118 - 128

One of the features of the legal regulation quality in the field of PPP is the interest of business in the implementation of infrastructure projects using this mechanism. At the initial stage of the PPP development, this interest is expressed in the active participation of business in competitions for the implementation of PPP projects and / or in the preparation of unsolicited proposals (USPs). At the next stage, in the number of successful PPP projects. In conditions when the public authorities do not make efforts to structure PPP projects, it is business who takes the initiative by starting the preparation and submission of unsolicited proposals. The attitude to such proposals by the public authorities and the expert community is very different. In a number of countries, including Ukraine, there are many discussions about the expediency of USPs and the approaches that should be used when considering them. This article presents an analysis of various points of view regarding unsolicited proposals; an assessment of the advantages and disadvantages of USPs compared with the proposals prepared on the initiative of public authorities; the author’s observations regarding the potential of using this mechanism to achieve the public interest and recommendations on how some of the problems existing in this area could be resolved. Keywords: Public-Private Partnership (PPP); PPP proposals; Unsolicited Proposals (USP); Infrastructure Projects, Public Interest.

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