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Rethinking The Role Of Civil Society In Public Procurement journal article

Carol Cravero

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 1, Page 30 - 42

Global challenges increasingly require collaborative state-civil society efforts. The formulation and delivery of public policies are no longer the prerogative of the public administration alone. Instead, civil society might play an important role in public policies, including buying practices. Although examples of civil society’s involvement already exist in some public procurement frameworks, its potential is still underexploited or even neglected as to specific public procurement’s stages or purposes. Whilst some specific provisions have been enacted to ensure its effective participation in public procurement to enhance transparency, civil society involvement in buying processes might help fostering sustainability. This paper specifically analyses the questions on how and when (ie at what procurement stage) the involvement of civil society is/can be provided and for what purpose(s) in the light of the 2018 OECD-MAPS and the MDBs guidance documents with a particular focus integrity pacts. Keywords: Sustainable public procurement; Civil society; Integrity.


Exclusion of Certain Legal Services from Directive 2014/24/EU journal article

Annotation on the judgment of the Court of Justice of the European Union (Fifth Chamber) of 6 June 2019 in Case C-264/18 P. M. and Others v Ministerraad

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 3, Page 197 - 202

This paper explores the exclusion of certain legal services from Directive 2014/24/EU, in relation to the judgment of the CJEU in the P.M. e a. Case, stating that legal services provided by a lawyer are to be conceived only in the context of a relationship intuitu personae between the lawyers and their client, characterised by the utmost confidentiality and by the free choice of representative, at the same time leaving for national legislatures to determine whether those services should be subject to public procurement rules. Keywords: Public procurement; National legislation; Exclusion of certain legal services; Principles of equal treatment and subsidiarity.


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.


The Cayman Islands New Public Procurement Legal Framework journal article

Manuscript or First Draft?

Laura Panadès-Estruch

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 79 - 86

The Cayman Islands is better known as an offshore jurisdiction and a tourist destination. In contrast, this article explores commercial government policy through the lens of public procurement. May 2018 established a legal framework and the institutional set-up was finalised in December. In response, this timely assessment of current legal developments formulates recommendations to strengthen the position of the public sector in procurement. It argues that the government is at risk of breaching its own legal obligations in the new regulatory framework, despite making some progress towards modern standards of enhanced value for money, accountability and transparency. Three urgent issues are identified: fine-tuning the publicity regime; curtailing the scope of direct awards; and reinforcing ethics in government. The critical perspective of the article will interest academics, policy-makers and practitioners alike.




The Future for Public Sector Procurement Law in the Post-Brexit Period journal article open-access

Miltiades C. Elliotis

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 91 - 102

After the UK’s momentous vote to leave the EU, in June 2016, a significant number of public sector officials, began wondering about the future of public procurement in the UK and in the EU, during the post-Brexit period. The consequences of Brexit in this area, as in many others, are in fact difficult to predict; they depend essentially on future political decisions, particularly on the UK’s relationship with the EU. What is clear is that the current procurement regulations will remain in the UK as they are, during the negotiating period , which will probably last until the end of 2019. How will procurement be regulated after that? Certainly, there will be no change in procurement regulations in the EU. What about the corresponding UK regulations? One realistic possibility is that the UK will negotiate a trade agreement with the EU that covers public procurement. Therefore, this could allow the UK to apply the EU procurement regime exactly as it is now. This means that the UK will leave the EU but still be a party to the European Economic Area (EEA) Agreement. Consequently, there will be no change in the procurement regulations in the UK since in essence the EEA applies the same rules on public procurement as the EU does. A second option is for the UK to negotiate another type of trade arrangement with the EU which would certainly include public procurement provisions and it is possible, that these would be the same as those under EU/EEA rules. A third possibility is that the UK will not conclude any specific trade agreement with the EU but that UK trade will be based simply on commitments under the WTO agreements such as the Government Procurement Agreement (GPA) and the General Agreement on Tariffs and Trades (GATT) that currently apply for the UK as part of the EU. A final option is for the UK not to commit to any trade agreements that constrain its strategy for regulating public procurement. This means that with this option it will be difficult to predict the final form of UK public procurement law. All these scenarios are discussed in the present work.


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