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Keyword: principles

The search returned 13 results.

Competition and Serbian Public Procurement Policy journal article

Slavica Joković

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 3, Page 174 - 179

This article examines relevant provisions of the public procurement legislation in Serbia that concerns competition, such as principle of ensuring competition and competitive public procurement procedures. Efficient implementation of this legislative framework is essential for enhancing competition in the public procurement market. Furthermore, the article gives a review of some measures introduced in fighting against anticompetitive practice. Finally, it analyses the role of competent institutions in Serbia in the area of public procurement and competition. Keywords: Competition; Public Procurement legislation; Public Procurement principles; Public Procurement procedures; Anticompetitive practice; Acquis communautaire.

In-house Procurement – How it is Implemented and Applied in Poland journal article

Wojciech Hartung, Katarzyna Kuźma

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 171 - 183

This article discusses the issue of in-house procurement under Polish regulations and how they are applied by local authorities. The authors focus on special conditions in national provisions additional to those provided for in Directive 2014/24/EU. The Polish legislator allows the award of public contracts in a negotiated procedure without publication (single source procurement) among other differences. Polish regulations provide for the performance of local authority tasks via local authority acts. The authors analyse the relationship between public procurement and competition law with regard to the position of local authorities as entities playing a key role in organising public services markets; in Poland, local authorities, including municipalities, have the status of ‘undertaking’ when organising the performance of public services. What has been observed on the market is the tendency for municipal companies to use the privilege created for them in in-house procurement regulations to encroach on a market that is not related to the tasks of their owner and compete with private operators. EU law sets some limits on in-house procurement but does not in itself guarantee uniform application of this modality, leaving a great deal of freedom to Member States. Keywords: Self-governance; In-house procurement; Competition principles; National regulations.

The Italian Mechanism of Paid Assistance in Compiling Procurement Documentation journal article

Annotation on the judgment of the Court of Justice (Eighth Chamber) of 28 February 2018 in joined Cases C‑523/16 and C‑536/16 MA.T.I. SUD SpA v Centostazioni SpA and Duemme SGR SpA v Associazione Cassa Nazionale di Previdenza e Assistenza in favore dei Ragionieri e Periti Commerciali (CNPR)

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 234 - 240

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