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An Appraisal of the Framework for Public Private Partnership in South Africa journal article

Augustine Arimoro

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 214 - 228

Huge infrastructure gaps in many countries in the face of budget deficits as well as the need to tap into private sector capital and management expertise are the main reasons why governments across the world adopt the public-private partnership (PPP) model of infrastructure procurement. The first structured PPP arrangement in South Africa dates to 1997 and since then, South Africa has maintained a leading position in PPP administration and regulation in sub-Saharan Africa. As such, the model in South Africa can serve as a template for other countries in sub-Saharan Africa. The paper discusses the legal and regulatory framework for PPP in the country and recommends that the process in South Africa be made simpler and transparent to encourage more interests from both foreign and domestic investors. Keywords: PPP Framework; Infrastructure; Investment; Investor; Public Procurement.


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




The Possibility to Reserve a Public Contract under the New European Public Procurement Legal Framework journal article

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.


Setting the Scene for Defence Procurement Integration in the EU journal article

The Intergovernmental Mechanisms

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.


An Examination of the Legal Framework for Public Procurement in Nigeria journal article

Uche Nnawulezi

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 338 - 343

This paper examines the legal framework for public procurement in Nigeria. Basically, the paper examines the applicable legislative framework to public procurement in Nigeria by looking at other statutes containing provisions that, though not specifically focused on public purchase, nevertheless very important to the way government goes about its fiduciary relationship and responsibility in public purchase and acquisition. Consequently, there has been a plethora of constitutional, statutory and administrative provisions, regulations and standards that must be adhered to in public procurement. Aside the above provisions, this paper notes that public procurement is not an item for legislation under the executive and concurrent lists. This paper relied on documentary evidence and hence scooped many secondary sources including research reports emanating from public procurement. More importantly, necessary recommendations are made. The paper concludes that the essence of enacting public procurement law is to ensure the establishment of a regulatory authority, responsible for harmonizing government policies on procurement in Nigeria. Keywords: Public Procurement; Legal Framework; Nigeria; Regulatory Authority.


Procurement and Concession Law in Belgium journal article

State of Play and Particularities

Steven Van Garsse

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 293 - 300

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts and public procurement Directives 2014/24 and 2014/25 were transposed into the Belgian legal system by the Public Procurement Act of 17 June 2016 and the Concession Act of 17 June 2016. The legislation entered into force on 30 June 2017. The main features of the public procurement and concessions regulations are in line with the European Directives. Belgian public procurement and concession rules are not a slavishly copy of the directives however. This contribution discusses some particularities and choices made by the Belgian legislator. A number of provisions are criticized, especially as doubts arise as to their compatibility with European Law. Keywords: Public Procurement; Concessions; Legislation; Implementation; Particularities.


Compensation for Damages Incurred in Irregular Public Procurement Procedure journal article

Annotation on the Judgment of the General Court (Third Chamber, Extended Composition) of 28 February 2018 in Case T-292/15, Vakakis kai Synergates v European Commission.

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 344 - 349

In February 2018 General Court of the European Union delivered a Judgment in Case T-292/15. The Court agreed, partially, with the arguments raised by the Applicant, that the contracting authority (European Commission) committed irregularities in the procurement procedure ‘Consolidation of the Food Safety System in Albania (EuropeAid/129820/C/SER/AL). Consequently, the European Commission has been ordered to pay compensation for the damages suffered by the Applicant in relation to the loss of an opportunity to be awarded the contract and for the costs and expenses related to the participation in the procurement procedure.