Skip to content

Keyword: corruption

  • «
  • 1
  • »

The search returned 7 results.

To What Extent Will the New Public Procurement Law N. 244/2021 Tackle Corruption in Lebanon? journal article

A Practical Analysis of the New Lebanese Public Procurement Law in Light of the Corresponding 2011 UNCITRAL Model Law

Salim Yaacoub

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 61 - 73

Lebanon is grappling with significant deficiencies in financial transparency and a fragmented public procurement system, marked by substantial capacity and technology gaps. This has led to disorganisation and heightened corruption risks. The United Nations estimates that the annual cost of corruption in Lebanon at a staggering 10 billion United States Dollars (USD), attributing this cost to the misallocation of public funds, limited returns on investments, capital flight, and the reluctance of potential investors to pursue economic opportunities. This article appraises the policies and regulations introduced by the Lebanese public procurement Law 244/2021, a response to these challenges and the 2011 United Nations Commission on International Trade Law (UNCITRAL) Model Law.1 This article explores the ways in which Law 244/201 aims to fulfil Lebanon's international obligations in the fight against corruption, particularly by ensuring transparent financial management processes in public procurement. Keywords: UNCITRAL; Lebanon; Corruption; Integrity

Basic Rationale for Airport BOT Projects in Cyprus journal article

Demetris Savvides

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 1, Page 22 - 38

Public-private partnerships (PPPs) have emerged as a strategic tool for enhancing the economic growth of International Airport infrastructure and service delivery markets in Cyprus. Although different types of PPPs exist worldwide and are likely to influence how road projects are implemented, this has not been fully researched in Cyprus. This study investigates how various aspects of PPPs can influence the implementation of International Airport infrastructure development in the Republic of Cyprus. It combined qualitative and quantitative approaches using a cross-sectional design. Secondary data was complimented with primary data collected from 63 purposively sampled respondents. The study established that PPP international airport projects in Cyprus have particularly utilised the Build, operate, transfer (BOT) model. As the existing publicly owned airports were not considered to be financially viable or sustainable at the beginning of the century, it became evident that these government functions could not be socio-economically or otherwise justified. For this reason, the involvement of the private sector in the operation of publicly owned and administered airports was fully endorsed by both the government and the local society at large. The form of private participation to be selected rightly depended on the risk/decision making power that the government apparatus was prepared to transfer to the private sector and the financial viability of the airport as a sustainable business. To have defensible, sustainable, and resilient Airport BOT Projects in Cyprus, the regulatory model of frameworks should be changed into a community model to develop sustainable projects, as opposed to the market or statist model that favours or prioritise private partners and government interests respectively. Though it may seem difficult to create a line of responsibility, it is possible to set an established way to collaborate and cooperate on particular BOT contract projects. Keywords: Airport Infrastructure service delivery; PPPs; Value for Money; BOT Project financing; Corruption

Preventing and Fighting Corruption on Public Procurement in Portugal: journal article

Where There's Life, There's Hope…

Ricardo Pedro

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 17 - 26

This article analyses the legal regimes implemented in Portugal for the prevention and combating of corruption in public procurement. Although it is not a new theme, it has received new updates in the law dedicated to the regulation of public procurement – ie, the Public Procurement Code; some of the novelties arising from the imposition of European Union Law on public procurement – while others result from the recent national strategy for the prevention and combating of corruptive phenomena. The implementation of the referred strategy – which covers several areas of action – also benefits matters of public procurement. This has resulted in a set of normative solutions that have strengthened the prevention of corruption, both from an organisational perspective (with the creation of a new public agency for the prevention of corruption) and from an activity perspective (by imposing corruption risk prevention plans, codes of conduct, training programmes and reporting channels, including on contracting authorities). These solutions, particularly the one related to whistleblowing channels, have been reinforced by the recent ‘European Whistleblowing Directive’, which led to the approval of a new national whistleblower protection scheme with immediate relevance in public procurement. Keywords: public procurement; corruption; rule of law; conflict of interests

Integrity Pacts and Corporate Compliance Programmes: Contrary or Complementary? journal article

Emerging Evidence from a Pilot Project in the EU

Claire Martin

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 1, Page 16 - 29

Recent years have seen the flourishing of laws and regulations requiring or encouraging the adoption of corporate compliance programmes, generally under national legal regimes and increasingly, as a condition for participating in public procurement markets. Companies invest considerable effort in putting compliance programmes in place and ensuring that they are effective. Such companies often express scepticism as to the added benefit other anti-corruption efforts, such as Integrity Pacts, can bring. This paper seeks to explore whether, as argued, the Integrity Pact approach duplicates corporate compliance programmes, or, is complementary of them. Drawing on experiences emerging from a pilot project underway in eleven countries in the European Union, the paper concludes that Integrity Pacts can bring a range of benefits that complement compliance programmes and can help address common gaps including supporting in managing risks, delivering training and demonstrating appropriate tone from the top. On this basis it recommends that firms should take a broader view of Integrity Pacts when assessing whether to integrate them into their compliance efforts. Keywords: Civil society; Anti-corruption; ESIF.

Unsolicited Proposals for PPP Projects in Vietnam: Lessons from Australia and the Philippines journal article

Huong Van Nguyen Cameron

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 132 - 145

Public-private partnership (PPP) projects have been implemented in Vietnam to provide facilities in the context of the State budget deficit. These projects were officially proposed by Ministries and provinces and have improved infrastructure conditions. Apart from solicited projects, Vietnamese legislation permits unsolicited proposals; however, to date no such projects have been accepted in this manner. Regulations for unsolicited proposals demonstrate drawbacks and reason why unsolicited proposals have not been applied in practice. This article examines the current regulations for unsolicited proposals for PPP projects in Vietnam. It uses the regulatory regimes of Australia and the Philippines by way of comparison with that of Vietnam to find recommendations to strengthen the regulations in Vietnam. This article concludes that despite the legislation on unsolicited proposals are in force, there are regulations and processes to be improved to deliver more effective project implementation. Keywords: Unsolicited Proposals; PPP Projects; Vietnam; Australia; The Philippines; Anti-Corruption.

Reforms under the World Bank Procurement and the Policy Implications for Developing Countries journal article

Fred Borson

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 146 - 154

The World Bank is undergoing a major reform of its procurement policy which regulates the procurement of projects financed by the Bank. This reform represents a major shift from how the Bank used to operate, where it intends to move away from the current one-size-fits-all approach to a more fit-for-purpose approach. The Bank usually provides financial assistance for development projects and its procurement policies are significant for the general development community, especially those developing countries that rely on the Bank for financial assistance to implement major development projects. This paper examines the policy implications of the World Bank procurement reforms for developing countries, based on doctrinal and empirical research. It analyses the interaction between the World Bank regime and national systems, and highlights the implications for development policies in national systems. The research concludes that the Bank’s reforms represent a significant improvement in the way it used to operate and has the potential to support national development policies in certain limited respects. Largely however, the Bank’s procurement policies remain significantly complex and also limits policy space for the implementation of domestic policies. Keywords: Donors; Foreign Aid; Africa; Anti-Corruption; Development Aid; World Bank.

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.

  • «
  • 1
  • »

News


Current Issue

Issue 1 / 2024