Darid Al-Hayali

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 4, Page 244 - 251

Amid the increasing trend of protectionism in international commerce and the expanding intricacies of the global economy, public-private partnerships (PPPs) have emerged as crucial institutional structures to facilitate collaboration between the public and private sectors. This article emphasizes the importance of PPPs in the reduction of protectionism and the resolution of asymmetric dependency among states. PPPs have the capacity to foster sustainable and innovative domestic economic growth. Given the current state of global uncertainties and crises, PPPs continue to serve as a potent mechanism for facilitating infrastructure development, stimulating economic revitalisation, attracting investment, and fostering innovation. The article systematises information about PPPs - identifying the advantages and disadvantages; describing the principles of successful PPPs; and analysing the legislative changes and reforms aimed at improving the infrastructure sector of Ukraine. This article uses the basics of general scientific methodology and applies economic and statistical methods of analysis and a systematic approach. Keywords: PPP, strategic planning, innovation, transparency, asymmetric dependence.

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.

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

Christopher H. Bovis

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 87 - 90

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.