Will FinTech Cause a Reconsideration of the Administrative and International Law Governing Public Procurement? journal article Bryane Michael European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 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
Iraq ∙ Conflicts, Protests and Bad Management: Is There a Way Out for Iraq’s Public Procurement Problems? journal article Malik Al Jabori European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 260 - 263
Croatia ∙ Upcoming Amendments to the Croatian Public Procurement Act journal article Marko Turudić European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 246 - 249
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
Belgium ∙ Recent Developments journal article Steven Van Garsse, Ilenia Vandorpe European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 329 - 333
E-Procurement for PPPs and Concessions: journal article Current Trends and Opportunities Bruno de Cazalet, Iryna Zapatrina European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 131 - 150 Recently, also due to the COVID-19 pandemic, the issue of using e-procurement is becoming more and more relevant for all countries around the world, and especially for EU Member States implementing the requirements of the Directives on public procurement. The substantial advantages of the use of electronic procedures for public procurement for reduction of tender costs and better prices, the possibility to avoid misuse, collusion and corruption, led some countries to explore opportunities to adapt the traditional e-procurement experience for public-private partnership (PPP) and concession tenders. Today, the regulation in this field is practically absent and the experience is very limited. This article presents: an analysis of the situation regarding current regulation, experience in electronic PPP procurement implementation, and trends; the peculiarities of PPP procurement compared to traditional public procurement; the difficulties related to PPP procurement as e-procurement; and the recommendations of authors on the use of electronic procurements for PPPs and concessions based on the peculiarities of a project implemented using relevant mechanisms. Keywords: public-private partnership; PPP; public procurement; electronic procurement; e-procurement; digitalisation
Accession to the WTO’s Government Procurement Agreement: journal article Opportunities and Challenges for India Mukesh Rawat, KD Raju European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 158 - 171 In the contemporary era, public procurement has become a central pillar of the international economy. The WTO’s Agreement on Public Procurement (GPA) has emerged as a vital tool for harmonising and integrating the global public procurement market. Presently, India is an observer to the GPA, which is a preliminary first step in acceding to the agreement. This article provides an analysis of the regulatory mechanism of public procurement in India. It aims to underline the potential opportunities and legal challenges in the accession to the public procurement agreement. It argues that India should align its procurement policy on the principles of GPA, and accession to it should be a part of its trade policy. Keywords: public procurement; trade law; WTO; Agreement on Government Procurement and Public Policy; India
Hungary ∙ Forced March - Electronic Transformation and New Public Procurement Rules journal article Tünde Tátrai European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 172 - 174
Portugal ∙ Portuguese Framework Law on Public Procurement Amended journal article Pedro Melo, Sandra Tavares Magalhães European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 175 - 175
The UK’s Green Paper on Post-Brexit Public Procurement Reform: journal article Transformation or Overcomplication? Albert Sanchez-Graells European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 4 - 18 In December 2020, seeking to start cashing in on its desired ‘Brexit dividends’, the UK Government published the Green Paper ‘Transforming Public Procurement’. The Green Paper sets out a blueprint for the reform of UK public procurement law that aims to depart from the regulatory baseline of EU law and deliver a much-touted ‘bonfire of procurement red tape’. The Green Paper seeks ‘to speed up and simplify [UK] procurement processes, place value for money at their heart, and unleash opportunities for small businesses, charities and social enterprises to innovate in public service delivery’. The Green Paper aims to do so by creating ‘a progressive, modern regime which can adapt to the fastmoving environment in which business operates’ underpinned by ‘a culture of continuous improvement to support more resilient, diverse and innovative supply chains.’ I argue that the Green Paper has very limited transformative potential and that its proposals merely represent an ‘EU law +’ approach to the regulation of public procurement that would only result in an overcomplicated regulatory infrastructure, additional administrative burdens for both public buyers and economic operators, and tensions and contradictions in the oversight model. I conclude that a substantial rethink is needed if the Green Paper’s goals are to be achieved. Keywords: public procurement; reform; deregulation; green paper; transforming public procurement; Brexit
Estimated Value vs Final Contract Value in Works Public Procurement – What Causes the Discrepancy? Marko Turudić, Melko Dragojević