European Commission

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 3, Seite 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.

Aikaterini Argyrou

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 3, Seite 310 - 324

This article discusses the issue of social enterprises gaining access to public procurement processes and contracts at the EU and national level. It primarily examines the opportunities for social enterprises to access public procurement contracts provided for in the Public Procurement Directive 2014/24/EU (Public Procurement Directive). It also investigates measures introduced by the Greek government to provide social enterprises with access to public service contracts at a national level through tailor-made law, namely the Social Economy and Social Entrepreneurship Law of 2011 and its amendment in 2016 (Social Entrepreneurship Law of 2011 and amendments).

Marta Andrecka

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 3, Seite 333 - 345

The new EU Procurement Directives reinforced the importance of sustainable development by facilitating the strategic use of public procurement to achieve broader societal goals and as such offer significant new opportunities for sustainable public procurement. The task of today is to better understand the continuously developing concepts of SPP, as well as to identify the drivers and barriers that promote or hinder its further implementation. This article firstly deals with the relationship between the concepts of sustainability, Corporate Social Responsibility (CSR) and public procurement. Secondly, as Denmark has been known as a pioneer in sustainable development, including implementation of it in public purchasing this article focuses on recent developments in the areas of CSR and sustainable public procurement in Denmark, and analyses relevant Danish Public Procurement Complaints Board decisions.

Dagmar Sigurðardóttir

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 3, Seite 358 - 364

Karolina Lehto

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 3, Seite 346 - 351

Åsa Edman, Peter Nohrstedt

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 3, Seite 352 - 357

Anne Cathrine Jacobsen, Nora Backer Malm

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 3, Seite 365 - 369

Laura Panadès-Estruch

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 2, Seite 211 - 212

Deividas Soloveičik, Karolis Šimanskis

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 2, Seite 112 - 131

The concept of conflict of interests is the emerging theme in both the EU public procurement doctrine and legal practice. This article is an endeavour to examine the roots of conflict of interests and to understand if generally applicable features of the concept are equally relevant in public procurement law. It will be shown that there are different types of conflict of interests which are relevant, namely to the practice of public procurement and having the sui generis nature. The publication includes the thorough examination of the EU and Lithuanian case-law related to the conflicts of interest as well as the analysis of the relevant provisions of the Directive 2014/24. Keywords: Public Procurement; Lithuania; Conflicts of Interest; eVigilo; Supreme Court; Directive 2014/24.

Andrzej Panasiuk, Lukasz Jarocki

European Procurement & Public Private Partnership Law Review, Jahrgang 12 (2017), Ausgabe 2, Seite 192 - 200

This article intends to encourage discussion on the case law of the Court of Justice of the European Union (CJEU) and its impact on both European public procurement law in form of directives and national regulations adopted by the European Union (EU) countries. The authors want to indicate the role that the Court’s jurisprudence plays not only in relation to interpretation of existing regulations but also its direct impact on national legal systems. First, the historical evolution of the CJEU and the significance of its case law, with regard to interpretation of the Union law, is discussed. Then, the development of European public procurement law, mainly related to changes made in EU treaties and directives, is presented. Subsequently, the case law of the CJEU and its influence on application, interpretation and to some extent the shape of the European public procurement regulations is examined. In order to prove the existence of the direct impact of the CJEU’s jurisprudence on the shape of Polish public procurement regulations, the development and evolutions of two legal institutions – ‘in-house’ and ‘bodies governed by public law’, which have been the subject of numerous case studies of the Court – is discussed. The concepts developed by the CJEU’s case law and the solutions included in European directives are analysed in order to provide answer to what extent the Polish legislature was inspired by these independently perfected structures of both legal institutions. Such a comparison allows one to determine whether the Polish legislature directly adopted the solutions from the case law of the CJEU and therefore assess the reputation and the role the CJEU plays in law-making processes at the national level. Keywords: CJEU; Judicial Policy-Making; Public Procurement; Poland.