Skip to content

The search returned 63 results.

The Evolving Concept of ‘Conflict of Interests’ in the EU Public Procurement Law journal article

Deividas Soloveičik, Karolis Šimanskis

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 112 - 131

The concept of conflict of interests is the emerging theme in both the EU public procurement doctrine and legal practice. This article is an endeavour to examine the roots of conflict of interests and to understand if generally applicable features of the concept are equally relevant in public procurement law. It will be shown that there are different types of conflict of interests which are relevant, namely to the practice of public procurement and having the sui generis nature. The publication includes the thorough examination of the EU and Lithuanian case-law related to the conflicts of interest as well as the analysis of the relevant provisions of the Directive 2014/24. Keywords: Public Procurement; Lithuania; Conflicts of Interest; eVigilo; Supreme Court; Directive 2014/24.

The Court of Justice of the European Union and Its Influence on European and National Public Procurement Regulations: the Case of Poland journal article

Andrzej Panasiuk, Lukasz Jarocki

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 192 - 200

This article intends to encourage discussion on the case law of the Court of Justice of the European Union (CJEU) and its impact on both European public procurement law in form of directives and national regulations adopted by the European Union (EU) countries. The authors want to indicate the role that the Court’s jurisprudence plays not only in relation to interpretation of existing regulations but also its direct impact on national legal systems. First, the historical evolution of the CJEU and the significance of its case law, with regard to interpretation of the Union law, is discussed. Then, the development of European public procurement law, mainly related to changes made in EU treaties and directives, is presented. Subsequently, the case law of the CJEU and its influence on application, interpretation and to some extent the shape of the European public procurement regulations is examined. In order to prove the existence of the direct impact of the CJEU’s jurisprudence on the shape of Polish public procurement regulations, the development and evolutions of two legal institutions – ‘in-house’ and ‘bodies governed by public law’, which have been the subject of numerous case studies of the Court – is discussed. The concepts developed by the CJEU’s case law and the solutions included in European directives are analysed in order to provide answer to what extent the Polish legislature was inspired by these independently perfected structures of both legal institutions. Such a comparison allows one to determine whether the Polish legislature directly adopted the solutions from the case law of the CJEU and therefore assess the reputation and the role the CJEU plays in law-making processes at the national level. Keywords: CJEU; Judicial Policy-Making; Public Procurement; Poland.

Addressing Conflict of Interests in Public Procurement in the European Union and the Legal Challenges in Romania and Slovakia journal article

Dacian C. Dragoş, Alexandra Horváthová

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 266 - 280

Public procurement is the process by which governments as well as other bodies governed by public law purchase products, services and public works. The European Union has adopted legal tools to introduce a certain standard of procedures across its Member States. Nevertheless, there are challenges that remain to be addressed. This article focuses on one area directly connected to both transparency and integrity – conflict of interests. The article first analyses the concept of conflict of interests and how the EU has approached solving conflicts of interests within public procurement. The second part of the article looks into the specifics of two countries that continue to have challenges in addressing conflicts of interests – Romania and Slovakia.

Socially Responsible Public Procurement (SRPP) under EU Law and International Agreements journal article

The GPA, CETA and the EU-Ukraine Deep and Comprehensive Free Trade Area

Abby Semple

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 293 - 309

The 2014 EU Procurement Directives contain an expanded set of provisions relating to socially responsible public procurement (SRPP). From the application of higher thresholds and ability to limit competition for certain contracts through the use of social award criteria and contract performance clauses, there are numerous possibilities for contracting authorities to take considerations related to labour law compliance, trading conditions and social inclusion into account. At the same time, the EU has expanded its international commitments in the field of public procurement through the revision of the WTO Government Procurement Agreement (GPA), the Comprehensive Economic and Trade Agreement (CETA) with Canada, and through the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) with Ukraine, Moldova and Georgia. This paper looks at the extent to which SRPP provisions have been incorporated in these agreements, finding that in a number of areas they offer a less supportive framework than the EU Directives for SRPP.

EU Public Procurement Law: Purchasing Beyond Price in the Age of Climate Change journal article

Beatriz Martinez Romera, Roberto Caranta

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 281 - 292

Climate change is an urgent matter, which calls for considering the potential, opportunities and challenges of public procurement for combating it. This article analyses the role that public purchasing plays in achieving and enhancing climate change mitigation in the EU, and delves into the specific climate and procurement legal framework after the 2015 Paris Agreement and the 2014 Procurement Directive. The EU rules are analysed to understand the evolution of environmental concerns, specifically climate change, in EU public procurement law over the last twenty years. The article shows how climate change may be accommodated in the light of these two developments, most crucially, under the 2014 procurement reform, which has happened against a backdrop of ongoing tensions between concerns for the proper functioning of the internal market and calls stressing the imperatives of sustainability.

Corruption and the Challenge to Sustainable Public Procurement (SPP): A Perspective on Africa journal article

Ama Eyo

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 253 - 265

This paper examines the relationship between corruption and Sustainable Public Procurement (SPP) in Africa. Specifically, the paper makes two contributions to the literature. First, it argues that at a macro level, systemic corruption in African countries depletes the already small pool of funds available for public spending, which limits these countries’ ability to pursue SPP outcomes, thus negatively impacting sustainable development. Second, the article draws attention to the need for more specific anti-corruption controls at the micro or institutional levels to address the practice of subverting SPP objectives by corrupt public officials by offering a number of micro-level anti-corruption measures to address the challenge posed by corruption to procurement, including to SPP.

Strategic Public Procurement: Facilitating Green, Inclusive and Innovative Growth journal article

European Commission

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 219 - 223

Reform of the EU rules on Public Procurement (PP) of 2014, inter alia, brought about numerous changes, additions and updates of previous rules in order to increase flexibility in terms of procedural issues. However, perhaps more importantly, especially as regards long-term perspectives, it also introduced a more flexible notion of Public Procurement which is intended to promote public procurement as a policy instrument. A major part of this new policy approach pertains to so-called ‘strategic public procurement’ comprising green, social and innovative public procurement. Such a policy approach is seen as a way to achieve targets of Europe’s 2020 Strategy for Smart, Sustainable and Inclusive Growth. This article seeks to illustrate the Commission’s approach to strategic public procurement by indicating the existence of opportunities and tools available at EU level, as well as the scope and objectives of the Commission’s policy. It aims to give an overview of strategic public procurement in the context of the new legal framework, to explain the shift toward strategic procurement and finally to give an indication of the further steps the Commission intends to take.

Providing Social Enterprises with Better Access to Public Procurement: The Development of Supportive Legal Frameworks journal article

Aikaterini Argyrou

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 310 - 324

This article discusses the issue of social enterprises gaining access to public procurement processes and contracts at the EU and national level. It primarily examines the opportunities for social enterprises to access public procurement contracts provided for in the Public Procurement Directive 2014/24/EU (Public Procurement Directive). It also investigates measures introduced by the Greek government to provide social enterprises with access to public service contracts at a national level through tailor-made law, namely the Social Economy and Social Entrepreneurship Law of 2011 and its amendment in 2016 (Social Entrepreneurship Law of 2011 and amendments).

Corporate Social Responsibility and Sustainability in Danish Public Procurement journal article

Marta Andrecka

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 333 - 345

The new EU Procurement Directives reinforced the importance of sustainable development by facilitating the strategic use of public procurement to achieve broader societal goals and as such offer significant new opportunities for sustainable public procurement. The task of today is to better understand the continuously developing concepts of SPP, as well as to identify the drivers and barriers that promote or hinder its further implementation. This article firstly deals with the relationship between the concepts of sustainability, Corporate Social Responsibility (CSR) and public procurement. Secondly, as Denmark has been known as a pioneer in sustainable development, including implementation of it in public purchasing this article focuses on recent developments in the areas of CSR and sustainable public procurement in Denmark, and analyses relevant Danish Public Procurement Complaints Board decisions.

Current Issue

Issue 2 / 2022