Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 2, Page 67 - 70

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 2,

Sarah Maria Denta

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 318 - 328

In March 2020, the EU announced that it should be climate neutral by 2050. In order to achieve this goal, multiple regulations will be necessary. However, this article argues that regulation will not be enough. Rather, the EU should work towards stronger partnerships and more cooperation between public and private parties. This article presents a kind of partnership that is called a Public-Private Partnership for the Climate – a partnership in which the parties (public and private) work towards achieving the EU´s ambitious climate goals. The climate and handling climate change are the focal points in Public-Private Partnerships for the Climate. Keywords: Public-private partnerships for the climate, People first PPPs, Thailand, Public-Private Partnership for Plastic and Waste Management, partnerships, climate law, EU Climate Law Regulation, plastic pollution, cooperation

Christina D. Tvarnø

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 200 - 208

This article analyses Climate Public Private Partnerships in the light of EU climate law and includes an economic perspective to explain the objectives and efficiency behind Climate Public Private Partnerships. Climate Public Private Partnerships are regulated by EU public procurement law for which reason the legal cross field between EU climate law and EU public procurement law is analysed to evaluate how EU law supports Climate Public Private Partnerships. Furthermore, the article includes game theory as an instrument to assess Climate Public Private Partnerships under EU law. The article concludes that EU law does not include the sufficient legal support to provide efficient Climate Public Private Partnerships as a tool to reach Europe’s climate goals. Keywords: Climate Public Private Partnership, climate law, EU Climate Law Regulation, efficiency, game theory

Paukku Eelis

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 4, Page 292 - 300

This article aims to find out how Finnish legislation allows usage of PPPs by local governments. This study was conducted by analysing the main features of PPPs from literature as well as analysing EU and national legislation. The main findings of the study were that the most significant legislation is EU public procurement legislation, which sets a framework on how the public can acquire the skills and problem-solving from the private sector. The procurement method called ‘the competitive dialogue’ has proven to be effective in PPPs. As there are many different forms of PPPs, it is possible that other legislation can create issues with PPPs as well, mainly EU State aid regulation, national, local government regulation, and national competition regulation. As a main result, it can be stated that regulation does not prevent or even hinder the usage of PPPs as long as legal requirements are taken account and markets are not unnecessarily disturbed. Keywords: public-private partnership; PPP; State aid; public procurement; local government regulation; competitive dialogue

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.

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.