Sarah Maria Denta

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 318 - 328

In March 2020, the EU announced that it should be climate neutral by 2050. In order to achieve this goal, multiple regulations will be necessary. However, this article argues that regulation will not be enough. Rather, the EU should work towards stronger partnerships and more cooperation between public and private parties. This article presents a kind of partnership that is called a Public-Private Partnership for the Climate – a partnership in which the parties (public and private) work towards achieving the EU´s ambitious climate goals. The climate and handling climate change are the focal points in Public-Private Partnerships for the Climate. Keywords: Public-private partnerships for the climate, People first PPPs, Thailand, Public-Private Partnership for Plastic and Waste Management, partnerships, climate law, EU Climate Law Regulation, plastic pollution, cooperation

Willem Janssen, Erik Olsson

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 1, Page 2 - 12

Competition, free movement and procurement are interrelated concepts that have long influenced the discretionary power of public authorities in the European Union to provide services through cooperation with other authorities. This contribution delves into this important issue, which should regain new attention because of the Irgita case before the CJEU. This case has seemingly created a legal conundrum for public cooperation and framework agreements. The discussion in this contribution brings to light the broad implications of this judgement for these two types of cooperation, and poses the question if the influence of EU public procurement law has made it (nearly) impossible to cooperate accordingly in the future. Keywords: Public cooperation; Procurement; Free movement; Competition.

Stéphanie De Somer, Laura Hofströssler

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 242 - 251

Over the past twenty years, the Court of Justice of the European Union rendered multiple judgments on the subject of exemptions from public procurement law. This case law has been consolidated in the current Public Procurement Directive. The cases examined in the present annotation offered the Court a first opportunity to further clarify the non-institutionalised cooperation exemption in light of this Directive. The Court has seized this occasion to emphasise its strict position on exempted non-institutionalised cooperation once again.

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.