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Will FinTech Cause a Reconsideration of the Administrative and International Law Governing Public Procurement? journal article

Bryane Michael

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 229 - 239

Regulators should not just leave FinTech rulemaking up to financial regulators. Contracting authorities should not just develop or use their own selected FinTech applications willy-nilly. They should contribute to overall changes in a procurement law -which extend far beyond simple supervisory or regulatory technologies (RegTech/SupTech). Governments should get serious about the Agreement on Government Procurement and similar treaties - by creating a new authority to help develop the law needed to put FinTech-enabled procurement platforms in place. China’s own world-leading FinTech and cross-border public procurements do not always contribute to a global level playing field. Any FinTech applications facilitating public procurement should thus encourage compliance with the procurement law legal principles the international community has developed over decades. Keywords: public procurement, financial technology, FinTech


Self-Cleaning in EU Public Procurement Law and Its Transposition into Polish Law journal article

Aldona Kowalczyk, Aleksandra Sołtysińska

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 181 - 192

The concept of self-cleaning was introduced into Polish and EU public procurement law relatively recently though, earlier, many EU Member States and international institutions saw the need to allow errant contractors to show contrition and goodwill by adopting voluntary remedial measures. Numerous doubts attach to specific remedial measures, timeframes and documents needed for a contractor’s recovery of good standing, and to contractors participating in several tenders simultaneously. This article seeks to both propose the imposition of some sort of order on the self-cleaning regime and respond to issues arising in everyday practice and jurisprudence. Keywords: public procurement, self-cleaning, exclusion grounds


Accession to the WTO’s Government Procurement Agreement: journal article

Opportunities and Challenges for India

Mukesh Rawat, KD Raju

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 158 - 171

In the contemporary era, public procurement has become a central pillar of the international economy. The WTO’s Agreement on Public Procurement (GPA) has emerged as a vital tool for harmonising and integrating the global public procurement market. Presently, India is an observer to the GPA, which is a preliminary first step in acceding to the agreement. This article provides an analysis of the regulatory mechanism of public procurement in India. It aims to underline the potential opportunities and legal challenges in the accession to the public procurement agreement. It argues that India should align its procurement policy on the principles of GPA, and accession to it should be a part of its trade policy. Keywords: public procurement; trade law; WTO; Agreement on Government Procurement and Public Policy; India




E-Procurement for PPPs and Concessions: journal article

Current Trends and Opportunities

Bruno de Cazalet, Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 131 - 150

Recently, also due to the COVID-19 pandemic, the issue of using e-procurement is becoming more and more relevant for all countries around the world, and especially for EU Member States implementing the requirements of the Directives on public procurement. The substantial advantages of the use of electronic procedures for public procurement for reduction of tender costs and better prices, the possibility to avoid misuse, collusion and corruption, led some countries to explore opportunities to adapt the traditional e-procurement experience for public-private partnership (PPP) and concession tenders. Today, the regulation in this field is practically absent and the experience is very limited. This article presents: an analysis of the situation regarding current regulation, experience in electronic PPP procurement implementation, and trends; the peculiarities of PPP procurement compared to traditional public procurement; the difficulties related to PPP procurement as e-procurement; and the recommendations of authors on the use of electronic procurements for PPPs and concessions based on the peculiarities of a project implemented using relevant mechanisms. Keywords: public-private partnership; PPP; public procurement; electronic procurement; e-procurement; digitalisation




The UK’s Green Paper on Post-Brexit Public Procurement Reform: journal article

Transformation or Overcomplication?

Albert Sanchez-Graells

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 4 - 18

In December 2020, seeking to start cashing in on its desired ‘Brexit dividends’, the UK Government published the Green Paper ‘Transforming Public Procurement’. The Green Paper sets out a blueprint for the reform of UK public procurement law that aims to depart from the regulatory baseline of EU law and deliver a much-touted ‘bonfire of procurement red tape’. The Green Paper seeks ‘to speed up and simplify [UK] procurement processes, place value for money at their heart, and unleash opportunities for small businesses, charities and social enterprises to innovate in public service delivery’. The Green Paper aims to do so by creating ‘a progressive, modern regime which can adapt to the fastmoving environment in which business operates’ underpinned by ‘a culture of continuous improvement to support more resilient, diverse and innovative supply chains.’ I argue that the Green Paper has very limited transformative potential and that its proposals merely represent an ‘EU law +’ approach to the regulation of public procurement that would only result in an overcomplicated regulatory infrastructure, additional administrative burdens for both public buyers and economic operators, and tensions and contradictions in the oversight model. I conclude that a substantial rethink is needed if the Green Paper’s goals are to be achieved. Keywords: public procurement; reform; deregulation; green paper; transforming public procurement; Brexit


Business and Human Rights: journal article

The State as a Buyer

Ezgi Uysal

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 52 - 64

Under the UN Guiding Principles (UNGPs), states are advised to be in a commercial relationship with economic actors that are considerate of their human rights influence. Given the amount of taxpayers’ money spent on procurement, public authorities can use their leverage to add social considerations into the procurement process. This article sets out whether public authorities can use their leverage to invite businesses to respect human rights as provided with the UNGPs. After providing an overview of the UNGPs and the EU approach, this article analyses the EU Public Procurement Directive adopted in 2014 which has promoted sustainability concerns with the use of green and socially responsible public procurement. It then establishes, that although prescribed under the Guiding Principles, the EU regime does not always allow human rights concerns to be integrated into the procurement. Keywords: UNGPs; business and human rights; public procurement; sustainability