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1
P. Wangelow, V. "EU Public Procurement Law:." European Procurement & Public Private Partnership Law Review 15, no. 2 (2020): 107–23. http://dx.doi.org/10.21552/epppl/2020/2/5.
Повний текст джерела
2
Caranta, Roberto. "Sustainability takes centre stage in public procurement." Ruch Prawniczy, Ekonomiczny i Socjologiczny 85, no. 1 (March 31, 2023): 41–54. http://dx.doi.org/10.14746/rpeis.2023.85.1.05.
Повний текст джерелаАнотація:
This article delineates how a shift in the priorities of EU laws can change public procurement’s current centre of gravity from its fixation on the lowest price to that of a more balanced consideration of different societal goals. There is an acknowledgement that public money can meaningfully contribute to support for social justice and the fight against climate change and environmental degradation. To this end, the present EU legal framework, together with more advanced experiences in Italy and in a few other EU Member States, are illustrated before an analysis of the many initiatives currently under consideration by the EU law makers as per the European Green Deal and the Sustainable Products Initiative. The article then highlights the need to reconsider the theory of public procurement law and practice as well as the current EU legislative framework for public procurement (and concessions).
3
Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 2, no. 2 (June 12, 2018): 40. http://dx.doi.org/10.26417/ejef.v2i2.p40-49.
Повний текст джерелаАнотація:
Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders – including through the electronic procurement expansion – are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving. Key words: public expenditures, value for money, bad management, procurement, electronic procurement.
4
Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 3, no. 1 (April 12, 2018): 40. http://dx.doi.org/10.26417/ejef.v3i1.p40-49.
Повний текст джерелаАнотація:
Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders – including through the electronic procurement expansion – are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving. Key words: public expenditures, value for money, bad management, procurement, electronic procurement.
5
Kheifets, Boris A., and Veronika Yu Chernova. "Public procurement as an instrument for implementing economic policy (experience of EU countries)." RUDN Journal of Economics 28, no. 3 (December 15, 2020): 568–84. http://dx.doi.org/10.22363/2313-2329-2020-28-3-568-584.
Повний текст джерелаАнотація:
The article explores the experience of a number of EU countries. It is revealed that in the EU countries there is growing interest in using public procurement policies for food security by promoting the development of farms, small farmers entering the national market, increasing their incomes, developing rural areas, improving quality nutrition. The main directions of transformation of public procurement policies in the agri-food sector are green public procurements (GPP), aimed at solving environmental problems, and sustainable public procurements (SPP). At the same time, inclusion of quality criteria in the public procurement system and access to the market public procurement of small agricultural producers requires solving a number of problems, including increasing the professionalism of state buyers, introducing innovative methods in boards using modern technology. In addition, the multisectoral nature of these initiatives requires coordinated action between different sectors of the economy at all levels. The conclusion is drawn on the need to transform the Russian government procurement policy in accordance with the target guidelines of economic policy in modern conditions.
6
Duraku, Azem. "Public Expenditures Through Public Procurement." European Journal of Engineering and Formal Sciences 2, no. 2 (August 1, 2018): 39–48. http://dx.doi.org/10.2478/ejef-2018-0010.
Повний текст джерелаАнотація:
Abstract Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders - including through the electronic procurement expansion - are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving.
7
Fedirko, Oleksandr A., and Nataliia V. Fedirko. "Public Procurement Policy in the Implementation of the Digital Transformation Strategy: Priorities for the EU and for Ukraine." PROBLEMS OF ECONOMY 3, no. 57 (2023): 31–41. http://dx.doi.org/10.32983/2222-0712-2023-3-31-41.
Повний текст джерелаАнотація:
The aim of the article is to study the policy of public procurement and the scientific substantiation of its priorities in the context of the implementation of the digital transformation strategy in the EU and in Ukraine. The research methodology is based on the content analysis of the digitalization policy of public procurement used in the practice of both the EU and Ukraine, as well as in its scientific generalization to substantiate the priorities for the implementation of the digital transformation strategy. The authors examined the model of interaction of subjects of the public procurement market in the EU with the use of digital tools. It is found that the harmonized EU rules in the field of application of common digital public procurement instruments are designed to ensure fairness, transparency and non-discrimination in determining participants in public contracts, to which not only EU companies are admitted, but also the representatives of WTO Member States that have signed the Agreement on Government Procurement. The article discloses the stages of introduction of digital public procurement tools in the EU and in Ukraine. It is determined that in the EU, the process of digitalization of public procurement began in the second half of the 2000s with the introduction of an electronic diary of tenders, significantly intensifying in the second half of the 2010s with the adoption of a package of the EU directives in the field of public procurement and the phased introduction of digital tools (invoices, forms, applications for tenders, the European single procurement document, etc.). The current stage of transformation of digital public procurement tools in the EU was marked by the introduction of a single space for these public procurement in the EU from 2023. The priority directions of digital convergence of the public procurement systems of the EU and Ukraine are substantiated, including the development of cooperation tools for joint public procurement, promotion of competition, countering the corruption, as well as strengthening the professionalization of the public procurement systems.
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Keulemans, Shelena, and Steven Van de Walle. "Cost-effectiveness, domestic favouritism and sustainability in public procurement." International Journal of Public Sector Management 30, no. 4 (May 8, 2017): 328–41. http://dx.doi.org/10.1108/ijpsm-10-2016-0169.
Повний текст джерелаАнотація:
Purpose The purpose of this paper is to explore and explain public preferences for different public procurement practices. The paper looks into public support for cost-effectiveness, discriminatory procurement in favour of domestic suppliers and sustainable procurement. Design/methodology/approach This study uses Eurobarometer public opinion data on 26.836 EU citizens from 27 EU countries. Findings This paper shows that EU citizens want public authorities to evaluate multiple aspects of any procurement offer in their public procurement decisions. It also found that, although cost-effectiveness and domestic favouritism are still important to EU citizens, citizens are most supportive of the objectives of sustainable procurement. Some associations between citizens’ procurement preferences and their social characteristics and political attitudes were found, but these only explain citizen procurement preferences to a limited extent. Country of residence has the strongest association with citizens’ acceptance of the objectives of sustainable procurement. Research limitations/implications Even though the data contain information on the procurement preferences of a large number of EU citizens, it is a topic of inquiry that is sensitive to social desirability bias. Originality/value This paper contributes to the empirical understanding of public attitudes towards public procurement. It is one of few studies on citizen attitudes towards different public procurement practices.
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Milosavljevic, Milos, Nemanja Milanović, and Slađana Benković. "Politics, Policies and Public Procurement Efficiency: A Quantitative Study of 25 European Countries." Lex localis - Journal of Local Self-Government 14, no. 3 (July 31, 2016): 537–58. http://dx.doi.org/10.4335/14.3.537-558(2016).
Повний текст джерелаАнотація:
Public procurements are accounted for nearly one fifth of Gross Domestic Product in the European Union. Accordingly, the efficiency of public procurements has received immense attention of scholars and practitioners in the last few decades, particularly in the field of measuring a cross-country efficiency among the EU Member States. Nevertheless, the extant matrix is based solely on the outputs, thus capturing only a portion of determinants affecting the efficiency. Up to date, very little has been done in comparing the input-output efficiency. This paper aims to develop a set of input and output determinants of public procurement efficiency and compare the efficiency of public procurements of EU Member States. The results indicate that the efficiency based on input-output analysis significantly differs from any current analysis of procurement efficiency.
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Andhov, Marta, and Bergþór Bergsson. "Equal Pay and EU Public Procurement Law – Case Study of Mandatory Icelandic ÍST85 Standard." Nordic Journal of European Law 4, no. 1 (August 26, 2021): 1–24. http://dx.doi.org/10.36969/njel.v4i1.23178.
Повний текст джерелаАнотація:
From 2018, it became mandatory to obtain the Icelandic Equal Pay Standard (ÍST85) for all companies with 25+ employees annually operating on the Icelandic market. It has been unclear to what extent – if any – the ÍST85 can be applied in public procurements. This article analyses whether the ÍST85 is compliant with the relevant European Union internal market law, particularly public procurement law. The growing intensity of nudges to include and verify social elements in public procurements can be observed throughout the EU. The analysis of the Islandic case study bears relevance as it can be applied to the EU Member States and other EEA/EFTA States, contemplating similar approaches in their procurements. Section 1 introduces ÍST85. Section 2 analyses the relationship between EEA and EU law, showcasing that this article's analytical outcomes provide lessons applicable beyond Iceland. Section 3 examines how equal pay is regulated under EU law. Section 4 conducts an internal market analysis of ÍST85 compliance by examining the Treaties provisions on free movement. Section 5 introduces the EU public procurement law and examines ÍST85 compliance with Directive 2014/24/EU. Section 6 tests the application of ÍST85 to the Posted Workers Directive. Section 7 concludes the article.
11
KRYVENKO, A. "Legal regulation of public procurement: the EU experience." INFORMATION AND LAW, no. 3(38) (September 28, 2021): 192–201. http://dx.doi.org/10.37750/2616-6798.2021.3(38).243825.
Повний текст джерелаАнотація:
The article analyses the development process and establishment of the public procurement institute in Ukraine and foreign countries, examines the organizational and legal regulation of public procurement in Ukraine, identifies legal regulation of public procurement in the European Union and ways to implement the experience of European legislation in the field of public procurement in Ukraine.
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Lamprinidis, Lampros. "Challenges of the Social Economy Action Plan for Greece in the Light of the Socially Responsible Public Procurement." Journal of Public Policy and Administration 8, no. 2 (March 14, 2023): 55–66. http://dx.doi.org/10.47604/jppa.1843.
Повний текст джерелаАнотація:
Purpose: The purpose of the Communication is to present the action plan for the social economy in the European Union. Public procurement is a powerful tool for public authorities to spend public money in an efficient, sustainable and strategic way, especially in times of budgetary constraints (EU Commission, 2017). Annual spending on public procurement in the EU amounts to €2 trillion, so managing it effectively can save significant resources for public budgets and investments, while supporting social and environmental policies. A public procurement strategy requires a change of attitude from public authorities, so that public procurement is no longer seen as a mere administrative process, but as a tool to serve broader objectives and needs, while respecting the rules governing the EU (EU Commission, 2017). With this in mind we will refer to the Action Plan for the Social Economy in the EU (2021) in the light of Socially Responsible Public Procurement in relation to Greece.
Methodology: Concise review of the Action Plan for the Social Economy in EU in the Light of the Socially Responsible Public Procurement. For this reason, we will refer to Socially Responsible Public Procurement, European policies supporting the Social Economy, and the EU Action Plan for its development. Then we will refer to the Public Procurement Strategy in Greece from the point of view of supporting Social Economy Entities.
Findings: Presentation of the challenges of the Public Procurement Strategy in Greece in relation to Socially Responsible Public Procurement and the Social Economy Action Plan by extension
Unique Contribution to Theory Practice and Policy: The contribution of this paper is to inform stakeholders in Greece on the implementation of the Social Economy Action Plan of EU and its link to Socially Responsible Public Procurement. Through this link, the development of Social Economy Organisations can be supported on the one hand and on the other hand it can contribute to the sustainable development of the European economy and of Greece in particular.
13
Telles, P., and G. S. Ølykke. "Sustainable Procurement: A Compliance Perspective of EU Public Procurement Law." European Procurement & Public Private Partnership Law Review 12, no. 3 (2017): 239–52. http://dx.doi.org/10.21552/epppl/2017/3/7.
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Ruohonen, Jukka. "An Acid Test for Europeanization: Public Cyber Security Procurement in the European Union." European Journal for Security Research 5, no. 2 (October 5, 2019): 349–77. http://dx.doi.org/10.1007/s41125-019-00053-w.
Повний текст джерелаАнотація:
Abstract Public procurement refers to processes through which national, regional, and local public authorities, state-owned enterprises, or other related bodies governed by public law, purchase products, services, and public work. Such purchases have been a particularly important element in developing the Internal Market of the European Union (EU). Given recent procurement reforms in the EU, including the 2009 reform on defense procurement, this paper examines public cyber security procurement in Europe. Two questions are examined: (1) whether cyber security procurement differs from public procurement in general, and (2) whether there are any noteworthy signs of Europeanization in terms of cyber security procurement. According to the empirical results, cyber security procurement tends to differ from general public procurement. In particular, competition obstacles are visible in terms of bids for cyber security procurement tenders. This result is accompanied with a visible lack of Europeanization, although the same observation generalizes to public procurement in the EU generally. With these results and the accompanying discussion, the paper contributes to the recent lively discussion about European security and its relation to marketization.
15
Kunzlik, Peter. "Neoliberalism and the European Public Procurement Regime." Cambridge Yearbook of European Legal Studies 15 (2013): 283–356. http://dx.doi.org/10.5235/152888713809813666.
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AbstractThis chapter briefly describes how neoliberalism achieved its current position as the dominating (if contested) ideology of the developed world and explains core neoliberal values and policy prescriptions, as well as the effect that they have had on public procurement. It explores the ideological importance of public procurement regulation from the neoliberal perspective and the features that neoliberal principles might suggest should be built into any international regime of public procurement regulation. It then describes the regulation of public procurement by the EU, which it argues maps closely onto the predicted neoliberal construct. It explains that, although the EU regime operates by extensively curtailing the purchasing discretion of public bodies in the Member States, neoliberal arguments have been advanced, and are currently being advanced, to curtail that discretion further. It analyses the extent to which such arguments have failed before the Court of Justice of the European Union to date and then explains the far-reaching additional arguments that are currently being advanced to neoliberalise the EU public procurement regime. These argue for the application of ‘competition’ (the ‘efficiency’ concept of competition) and the pursuit of ‘value for money’ as dominating norms for the system. This chapter then explains how the adoption of such norms would curtail the ability of public purchasers to pursue horizontal policies (the use of public procurement to achieve collateral policy goals such as environmental or social policy goals). It argues, however, that the suggested efficiency/value for money norms are not legally justified. This is because the concept of ‘competition’ to which EU public procurement regulation refers is not the neoliberal ‘efficiency’ concept, but a concept based upon economic freedom that is concerned with competitive equality and the structure of competition in public contracts markets. It is also because the present author accepts the argument that has been advanced by Sue Arrowsmith that, although the pursuit of ‘value for money’ is the central goal of the domestic regulation of public procurement, the legal bases on which EU public procurement legislation is founded do not permit it to mandate the pursuit of ‘value for money’ as a matter of European obligation. The chapter argues, in any event, that in the public procurement context, ‘value for money’ is a complex, multi-faceted and value-driven concept that does not equate to neoliberal notions of ‘efficiency’. Finally, it identifies an internal tension between two aspects of the neoliberal prescription in the public procurement context, the desire to constrain public purchaser discretion so as to preclude, in particular, the pursuit of horizontal policies on the one hand, and the preference to use ‘market-based’ instruments of policy rather than regulation on the other. It explains how a further neoliberal preoccupation, the constant need to improve international ‘competitiveness’, has provoked the EU to adopt (as part of its core economic strategy) the pursuit of horizontal policies in public procurement, both on a voluntary basis and as mandated by EU sectoral legislation. It concludes that by so doing, the EU has rejected a central tenet of neoliberal ideology as regards public procurement (hostility to the so-called ‘instrumental’ use of public procurement to implement horizontal policies) and that its direction of travel means that the neoliberal argument that public procurement must be regulated predominantly to achieve ‘efficiency’ has implicitly been discarded.
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Lamprinidis, Lampros. "The EU Model of Socially Responsible Public Procurement." Journal of Public Policy and Administration 8, no. 3 (March 16, 2023): 1–6. http://dx.doi.org/10.47604/jppa.1852.
Повний текст джерелаАнотація:
Purpose: The object of this paper is an overview of the European Model of Socially Responsible Public Procurement for the purpose of knowing the civil servants involved in the public contracts and the prospective contractors about them. Public buyers spend more than 16% of the EU’ GDP. By using the Public Procurement effectively by contracting authorities, one can have positive social impact (such as the reduction of criminal rate because of the employment of ex-offenders or immigrants) and contribute to sustainable development. Socially Responsible Public Procurement, in other words, take into account social considerations in public contracts in order to achieve positive social outcomes through the purchasing power of the Public Sector.
Methodology: Concise review of the most important Articles of Directive 2014/24/EU related to Socially Responsible Public Procurement in the European Union will be made.
Findings: Presentation of the most important articles of Directive 2014/24/EU on Socially Responsible Public Procurement
Unique Contribution to Theory Practice and Policy: For the first time, stakeholders in Socially Responsible Public Procurement will have a comprehensive overview of the institutional framework in place in the European Union to be able to develop relevant public policies (employment, social policy, etc.). This work hopes to become a reference point for both Social Economy Operators and Contracting Authorities, both to facilitate the access of the former to the EU public procurement market and to provide a basis for the development of initiatives to further improve this institutional framework.
17
Nyikos, Györgyi, and Gábor Soós. "The Impact of the Public Procurement Control System on the Hungarian Public Administration." Central European Public Administration Review 16, no. 2 (November 20, 2018): 133–56. http://dx.doi.org/10.17573/cepar.2018.2.07.
Повний текст джерелаАнотація:
The complexity of public procurement and the related controls are a significant issue that public authorities are facing in Hungary. The “fear” of being controlled by state authorities and EU auditors is affecting decisions in public procurement. However, research on the effects of such a system is largely absent. The purpose of the article is to explore the functioning of the control system related to EU funded public procurements and to examine its actual and potential impact on the purchases of public authorities. The method is first an introduction of the features of the control system and then the analysis of data from the relevant bodies in order to see the effect of controls and possible difficulties with the system. The results show that despite the seemingly positive impact on the regularity of procedures, the interference in the decisions of public authorities and the delays caused are problematic. It is therefore suggested that the Hungarian government should consider streamlining the control process such as through checks based on samples or focusing on the most risky procedures. The research is the first academic analysis of data related to public procurement control in Hungary, yet it can already inspire the Hungarian and other governments to review the effectiveness of such procedures and to reduce administrative burdens for public authorities as much as possible.
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Ksonzhyk, Iryna, Halyna Matskiv, and Nataliya Sorochan. "European experience with the operation and control of the procurement mechanism for goods, works, and services using budget funds." University Economic Bulletin, no. 55 (December 29, 2022): 97–105. http://dx.doi.org/10.31470/2306-546x-2022-55-97-105.
Повний текст джерелаАнотація:
The subject of the study is the practical experience of the functioning of the mechanism of public procurement of goods, works and services in the member states of the European Union, its reformation under the influence of the introduction of new EU legislative norms in the field of public procurement, and the harmonization of the national legislation of the participating countries with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. The purpose of the work is to establish the impact of the new legislative norms of the European Union in the field of public procurement on the mechanism of procurement of goods, works and services for budget funds in the European Union, to identify the advantages of applying these norms. The methodological basis of the article is a set of cognitive methods applied to the mechanism of public procurement. The research was based on general scientific methods, namely: dialectical, which implies objectivity, comprehensiveness and systematic knowledge; logical; special methods of scientific knowledge: historical, method of systematic analysis and generalization of normative documents. The general logic of the article is based on a complex and systematic approach using modern scientific apparatus. Results of the article. The article establishes the main directions of changes in the mechanism and tools of public procurement in the countries of the European Union, which took place after the implementation of the norms of Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, an analysis of the advantages of their implementation in national legislation of member states. The evaluation of the efficiency of the public procurement market in the EU countries was carried out. The directions and sources of further research are substantiated, first of all, by taking into account the aspects of digitalization of the sphere of public administration and finance, social and environmental innovations. Field of application of results. The results can be used by state and local self-government bodies, territorial communities, and economic entities of various forms of ownership. Conclusions. The new norms of EU legislation in the field of public procurement, set out in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, are aimed at simplifying procedures for public procurement of goods, works and services for budget funds, which promotes the free movement of goods and services in the countries of the European Union. As a result, customers get better value for money. Thus, public procurement becomes a tool of EU strategic policy. Although it cannot be claimed that the EU's public procurement policy is flawless, the experience of all participating countries is always taken into account in the process of its development and implementation. The EU public sector can use the procurement of goods, works and services with budget funds to increase the number of jobs, growth and investment, as well as to create an economy that is more innovative, resource and energy efficient and socially inclusive.
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Bovis, Christopher. "Public procurement in the EU: Jurisprudence and conceptual directions." Common Market Law Review 49, Issue 1 (February 1, 2012): 247–89. http://dx.doi.org/10.54648/cola2012008.
Повний текст джерелаАнотація:
The present article reviews the emerging conceptual themes from the case law of the European Court of Justice which have triggered the revision of the public procurement Directives, and the alignment of the public procurement acquis with the Europe 2020 Growth Strategy. The Court's jurisprudence has instrumentally influenced the interpretation of public procurement legal concepts such as contracting authorities, the remit of selection and qualification criteria, the parameters for contracting authorities to use environmental and social considerations as award criteria and the principles which underpin the remedies in the award of public contracts. However, the exhaustive harmonization which is inherent in the public procurement directives has caused significant porosity and limitations in the effectiveness of the public procurement acquis. Service concessions, contracts awarded by a contracting authority to another contracting authority on the basis of exclusive rights, public-public partnerships and in-house contractual relations, and contracts which fall below the stipulated value thresholds all reflect upon the forthcoming reforms of the public procurement regime.
20
Bovis, Christopher. "The priorities of EU public procurement regulation." ERA Forum 21, no. 2 (May 25, 2020): 283–97. http://dx.doi.org/10.1007/s12027-020-00608-8.
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Radwanowicz-Wanczewska, Joanna. "Implementation of New EU Directives Coordinating the Procedures for Awarding Public Contracts in European Union Member States: The Example of Poland." Studies in Logic, Grammar and Rhetoric 65, no. 1 (December 1, 2020): 133–54. http://dx.doi.org/10.2478/slgr-2020-0052.
Повний текст джерелаАнотація:
Abstract This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect.
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Mélon, Lela. "More Than a Nudge? Arguments and Tools for Mandating Green Public Procurement in the EU." Sustainability 12, no. 3 (January 30, 2020): 988. http://dx.doi.org/10.3390/su12030988.
Повний текст джерелаАнотація:
The present research paper analyses the EU general and mandatory sectoral legal framework on public procurement, arguing for its inhibiting effect on the EU-wide uptake of green public procurement. It explores de jure and de facto barriers to green public procurement, motivated by the need for a change in the business world towards more sustainable practices through preferably mandatory legal changes of EU corporate law. As the public procurement represents a strong nudge for a qualitative change in private market demand, accounting for a minimum of 12% of the national gross domestic product, it should become environmentally sustainable itself and guide markets through the qualitative and quantitative changes on the demand side. Given the complexity of the current legal framework and the novelty of the approach to public procurement as a strategic tool for the achievement of sustainable production and consumption, a better defined and clear legislative approach is called for, possibly in a mandatory form, clarifying the obligation of public procurers to account for sustainability in their practices, especially as regards incorporating environmental concerns in their purchasing activities. In its current form, the EU legislative public procurement framework entails a seemingly permissive attitude towards green public procurement, hampered in practice by the existing legal institutes in the field, which hamper the strategic use of public procurement and thereby its influence on sustainability on the private markets.
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Jakab, Radomir. "Joint public procurement in European Union Law." Prawo Budżetowe Państwa i Samorządu 10, no. 4 (April 30, 2023): 55–74. http://dx.doi.org/10.12775/pbps.2022.022.
Повний текст джерелаАнотація:
One of the areas related to the drawing and use of the budget funds of particular member states, as well as European Union (EU) funds, is public procurement. EU law allows particular contracting authorities or sector procurers to cooperate within public procurement and procure commodities jointly, i.e. to implement the joint public procurement procedure. This procedure is undoubtedly advantageous, especially in terms of cost savings; however, it also has a few drawbacks, particularly the ambiguity of legal regulations regarding the application of particular institutes in such joint public procurement. This paper aims to examine the theoretical and legal basis of joint public procurement, define the individual forms of joint public procurement under consideration, highlight the existing application-related problems in the implementation of this procedure and indicate possible legal solutions to the identified legal problems based on the interpretation of the relevant provisions of legal regulations
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Soós, Gábor. "Audits and Remedies in EU Funded Public Procurement." Pro Publico Bono – Magyar Közigazgatás 10, no. 4 (2022): 2–19. http://dx.doi.org/10.32575/ppb.2022.4.1.
Повний текст джерелаАнотація:
In general, the legality of actions carried out during public procurement is decided by review bodies appointed at the national level. When the procurement involves EU funds, monitoring the legality of such procedures also involves a system of audits and other controls as part of the management and control of funds, involving specialised institutions. The interaction between the two systems is not regulated at the EU level and regulation by Member States is also incomplete in certain cases, leading to friction between the decisions of review bodies and auditors. This article explores in detail institutional competences in EU-funded public procurement and examines how the system of audits and other controls interacts with traditional review procedures at the EU and national level. These are presented both from the EU perspective and from the national perspective, using the Hungarian institutional system as an example. The article analyses the issues arising from overlapping institutional competences and proposes certain possible solutions to deal with these issues.
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Kalesná, Katarína. "Independence of bids in public procurement." Bratislava Law Review 3, no. 2 (December 31, 2019): 69–75. http://dx.doi.org/10.46282/blr.2019.3.2.148.
Повний текст джерелаАнотація:
The article compares the different approach of two bodies of economic regulation – EU competition law and public procurement law – to the concept of undertaking reflecting diverse goals both regulations follow. It starts with general characteristics of competition law and public procurement law, especially as far as their mutual relationship is concerned. In spite of many common goals and important intersections, there are also conflicting issues between them. And concept of undertaking is a topic where the point of view of both blocks of regulation differs. This diversity and its reasons are analysed on the background of the CJ EU judgement in case C-531/16.
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Caranta, Roberto. "Remedies in EU Public Contract Law: The Proceduralisation of EU Public Procurement Legislation." Review of European Administrative Law 8, no. 1 (June 25, 2015): 75–98. http://dx.doi.org/10.7590/187479815x14313382198331.
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Pouikli, Kleoniki. "Towards mandatory Green Public Procurement (GPP) requirements under the EU Green Deal: reconsidering the role of public procurement as an environmental policy tool." ERA Forum 21, no. 4 (October 28, 2020): 699–721. http://dx.doi.org/10.1007/s12027-020-00635-5.
Повний текст джерелаАнотація:
AbstractThe aim of this paper is to analyze the inclusion of Green Public Procurement (GPP) requirements in the EU public procurement regime. The debate about moving towards greener public purchasing has been fueled afresh in the wake of the EU Green Deal, which highlights the significance of a public procurement regime in pursuing the existing environmental policy goals at EU level. This is also reflected in other key EU policy documents, such as the Circular Economy Package, the Sustainable Development Goals (SDGs) as well as the climate change legislation implementing the Paris Agreement. In this context, this paper aspires to map the intersections between the public spending decisions of contracting authorities and their discretion in inserting environmental considerations through the lens of increasing compliance with the adopted environmental targets.
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Bovis, C. "Public Procurement, Public-Private Partnerships and Public Services in the EU." European Procurement & Public Private Partnership Law Review 5, no. 2 (2010): 12. http://dx.doi.org/10.21552/epppl/2010/2/98.
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Šikić, Marko. "Održiva javna nabava." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 419–46. http://dx.doi.org/10.30925/zpfsr.38.1.15.
Повний текст джерелаАнотація:
Sustainable public procurement, although a relatively old legal concept, began to take shape signifi cantly in the last 20 years. Large purchasing power of the state and the importance of public procurement procedures for each market necessarily led to the awareness and use of public procurement to achieve the secondary, social and environmental objectives. As such, sustainable public procurement certainly has more advantages than disadvantages. Indirect use of public procurement as a tool in achieving better environmental protection and greater inclusion of socially disadvantaged groups in society must be supported. However, the achievement of those goals must always be secondary, because the main objective of public procurement must be the procurement of the best goods, services or works with the least possible cost to the state budget. Sustainable public procurement has a growing importance in the EU legal order, and thus consequently increasing importance in the legal order of the Republic of Croatia. Beginning with the 2004 EU regulatory framework elements of sustainable procurement are included in the legal systems of all member states, while these elements are signifi cantly more present in the 2014 EU regulatory framework. Certain sustainable elements are signifi cantly expanded, while adding some new. The biggest changes are present in the technical specifi cations, criteria for selection of offers, conditions for performance of the contract, in the new institute of life cycle costing as well as environmental labels. The biggest problem is the fact that the implementation of sustainable elements in public procurement procedures is still voluntary and there is no way to force the implementation of these elements. However, I still think that the signifi cantly expanded elements of sustainable procurement in the 2014 EU regulatory framework willl certainly have a signifi cant impact on the achievement of the objective of 50% green public procurement by 2020. The new provisions in conjunction with the planned promotional activities and education of employees can have a signifi cant impact on raising awareness of the importance of sustainable public procurement. However, the fact that part of sustainable procurement relating to the achievement of social goals is not similarly recognized as important in Croatia is dissapointing.
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Hansson, Lisa. "The Private Whistleblower: Defining a New Role in the Public Procurement System." Business and Politics 14, no. 2 (August 2012): 1–26. http://dx.doi.org/10.1515/1469-3569.1406.
Повний текст джерелаАнотація:
Due to EU legislation, public procurement through competitive tendering has been applied in most European countries. One purpose of such procurement is to lower the costs of the procured service and another is for the political level to gain better control over what it is purchasing. However, monitoring problems exist when conducting public procurements; recent studies indicate that actions related to public servant corruption are most common in public procurement processes. Citing cases from Sweden, this article argue that, in the case of public procurement, private firms have assumed a monitoring role towards the public sector similar to that of whistleblowers, and that the public system in fact depends on private firms to detect procurement bypasses committed by civil servants. This article provides an understanding of this monitoring role and discusses its theoretical and practical implications for the public system. I conclude that upholding the public system is not the primary objective of the private whistleblower but a positive side effect. The monitoring role is analyzed in the framework of principal–agent theory and should be seen as complementary to the existing monitoring functions available to public principals.
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Blažo, Ondrej, and Hana Kováčiková. "Access to the Market and the Transparency as Principles of Public Procurement in the Legal Environment of the EU Neighbourhood Policy." International and Comparative Law Review 18, no. 2 (December 1, 2018): 218–36. http://dx.doi.org/10.2478/iclr-2018-0048.
Повний текст джерелаАнотація:
Abstract The authors confront complexness and rigour of EU directives on public procurement vis-à-vis broad wording of international agreements concluded within EU neighbourhood policy. The firs reason for this comparison is ongoing spread of principles of the EU law to the third countries. The second reason is that both rely on the same goals: access to market ad fair environment via transparency because these principles constitute a subtle legal basis for public procurement legislation at all. Finally, these approaches were compared to the approaches employed in recent FTAs - CETA and EUSFTA. This paper is an output in a project granted by APVV-17-0641: Improvement of effectiveness of legal regulation of public procurement within EU law context
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Карлін, Микола, and Артур Больчук. "FEATURES OF PUBLIC PROCUREMENT IN EXTREME CONDITIONS OF STATE FUNCTIONING." Economic journal of Lesya Ukrainka Volyn National University 4, no. 36 (January 7, 2024): 75–82. http://dx.doi.org/10.29038/2786-4618-2023-04-75-82.
Повний текст джерелаАнотація:
The article reveals the role of public procurement in the public finance system of Ukraine in the extreme conditions of its operation in the last 15 years and the need to overcome the long-term consequences of the coronavirus pandemic and Russia's war against our country. The need to strengthen state regulation of this process is emphasized, since in the extreme conditions of the functioning of Ukraine, only the state can effectively resist the specified challenges, as well as the so-called "black swans". At the same time, the erroneous transfer of the so-called military tax on citizens' incomes from the budgets of local self-government bodies to the State Budget of Ukraine in 2024 is emphasized, which contradicts the provisions of the Budget Code of Ukraine.
The authors also analyzed the features of public procurement in the EU countries to eliminate the consequences of the coronavirus and the energy blockade of the countries of the European Union by Russia after its war against Ukraine. It is emphasized that in these conditions EU countries accelerate the implementation of "green" projects and allocate additional funds for them, which is important to take into account in Ukraine in the process of rebuilding its economy.
The article examines the problems that exist in Ukraine under martial law when conducting tender procurements and taxing their Ukrainian participants, as well as problems in the activities of the country's controlling structures in the field of public procurement control and planned ways to overcome them, taking into account the experience of the countries of the European Union. primarily Poland. It is emphasized that a significant part of the problems in the defense sphere of Ukraine can be solved by innovative entrepreneurship with a significant increase in public orders for similar products.
The authors also substantiate the directions of reforming the mechanism of public procurement in Ukraine in the conditions of reconstruction, taking into account the experience of the EU countries regarding measures to introduce the European Green Course; identified financial positives and problems of public procurement after the entry into force of the new version of the Law of Ukraine "On Public Procurement"; researched forms of financial responsibility of participants and customers of public procurement in Ukraine under martial law and their effectiveness.
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Graells, Albert Sanchez. "Regulatory Substitution Between Labour and Public Procurement Law: The EUs Shifting Approach to Enforcing Labour Standards in Public Contracts." European Public Law 24, Issue 2 (May 1, 2018): 229–54. http://dx.doi.org/10.54648/euro2018014.
Повний текст джерелаАнотація:
In this article, I reflect about a recent regulatory trend concerning the enforcement of labour standards through contract compliance clauses and other requirements of public contracts tendered under European Union public procurement law. On the back of recent developments in the case law of the European Court of Justice regarding cross-border situations of procurement-based enforcement of labour standards, notably in the re-examination of the Rüffert case in both the Bundesdruckerei and RegioPost cases, I reflect on this phenomenon from the perspective of regulatory substitution. In setting out a basic framework to assess regulatory substitution, I hypothesize that most of the difficulties evidenced by the case law stem from the transfer of labour regulation goals to the public procurement sphere. I then aim to test this hypothesis by means of an analysis of labour policy-oriented mechanisms included in the 2014 revision of the EU public procurement rules. I then go on to critically assess the fitness for purpose of the procurement mechanisms from the perspective of contributing to the enforcement of labour standards. I ultimately conclude that, even though the 2014 Public Procurement Package has galvanized the trend of regulatory substitution whereby employment and social goals have now become part and parcel of public procurement strategy in the EU, a close examination of the legal mechanisms created by Directive 2014/24/EU shows that this regulatory substitution is both limited and highly dependent on the implementation (and investment of significant administrative resources) at Member State level.
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Krivins, Anatolijs. "Legislative framework of in-house procurement." SHS Web of Conferences 68 (2019): 01026. http://dx.doi.org/10.1051/shsconf/20196801026.
Повний текст джерелаАнотація:
The article “Legislative Framework of In-house Procurement” examines the importance of the concept of the in-house transactions in Public Procurement. The purpose of the work is to analyse the Legislative Framework from the perspective of the principle of free competition. The study of free competition is based on works and the main ideas of the following authors: Adam Smith, Jean-Baptiste Say, David Ricardo, Thomas Robert Malthus, John Stuart Mill, John Maynard Keynes, Friedrich August von Hayek and Milton Friedman. Having done the analysis of the EU directives and regulations concerning In-house Procurement (Directive 2014/24/EU; Directive 2014/25/EU; Directive 2013/34/EU; Case C-107/98, Case C-26/03, Case C-84/03, Case C-295/05, Case C-480/06, Case C-324/07, Case C-573/07, Case C-196/08, Case C182/11 and C183/11), as well as normative regulations of several countries, the author made a conclusion, that In-house Procurement contains considerable threats to the principle of free competition in Public Procurement. In-house Procurement contains considerable threats to the principle of free competition in Public Procurement. The data obtained confirm this hypothesis. The results obtained allow us to develop recommendations for the Legislative Framework of In-house Procurement. The results of the research can be used by procurement theoreticians and practitioners.
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Tátrai, Tünde, and Gyöngyi Vörösmarty. "Non-Compliance in Public Procurement – Comparative Study under EU Law." Transylvanian Review of Administrative Sciences, no. 61 E (October 28, 2020): 143–61. http://dx.doi.org/10.24193/tras.61e.8.
Повний текст джерелаАнотація:
There is an expectation towards public policy to ensure efficiency in public procurement (manage public spending properly), ensure accountability and support the social, environmental and other economic and political goals. Increasingly complex regulation raises the question of whether its complexity helps or rather hinders the efficient spending of public money. This paper aims to contribute to the discussion going on about efficiency in public procurement. It investigates non-compliance in public procurement with the aim of revealing types of non-compliance and to structure knowledge on the effects of the remedy system to non-compliance.
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Giakouminaki, Olga. "The EU Legality Principle in Public Procurement Contracts." Nordic Journal of European Law 3, no. 1 (July 12, 2020): 35–59. http://dx.doi.org/10.36969/njel.v3i1.21992.
Повний текст джерелаАнотація:
The early interest that EU law has demonstrated for public procurement contracts has gradually been molded into a sector-specific paradigm of European administrative law. Despite the constant movement of the sector counting already four generations of substantive and two generations of procedural EU law, its qualification as administrative law provides some pillars of stability; as an expression of a sui generis principle of legality, the award of public contracts is organized via formalistic, yet sometimes rigid and time-consuming procedures, due process emerging as a common principle among national and supranational administrative systems. Even though due process constitutes the gateway to accountability, the aim of the paper is limited to underlining the indicators of administrative procedure in the award of public contracts.
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Šostar, Marko, and Ana Marukić. "Challenges of public procurement in EU funded projects." Management: Journal of Contemporary Management Issues 22, no. 2 (December 21, 2017): 99–113. http://dx.doi.org/10.30924/mjcmi/2017.22.2.99.
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Miranzo Díaz, J. "A Taxonomy of Corruption In EU Public Procurement." European Procurement & Public Private Partnership Law Review 12, no. 4 (2017): 383–95. http://dx.doi.org/10.21552/epppl/2017/4/5.
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Curtol, Federica, Gloria Pesarin, and Tom Vander Beken. "Testing the Mechanism on EU Public Procurement Legislation." European Journal on Criminal Policy and Research 12, no. 3-4 (December 2006): 337–64. http://dx.doi.org/10.1007/s10610-006-9029-9.
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Nielsen, Jørgen Ulff-Møller, and Lars Gottlieb Hansen. "The EU public procurement regime— Does it work?" Intereconomics 36, no. 5 (September 2001): 255–63. http://dx.doi.org/10.1007/bf02928979.
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Ulybysheva, E. "Liberalization of Public Procurement Markets in the EU." World Economy and International Relations, no. 12 (1995): 126–32. http://dx.doi.org/10.20542/0131-2227-1995-12-126-132.
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TARAWAT, Abdul Salam. "International experience of public administration and control in the public procurement." Economics. Finances. Law 12/2023, no. - (December 18, 2023): 117–21. http://dx.doi.org/10.37634/efp.2023.12.23.
Повний текст джерелаАнотація:
Introduction. The regulation of public procurement has always attracted legislators around the world, because the global economy with its economic, legal and political relationships is closely intertwined with the micro-economies of each state. The paper summarizes the international experience of public administration and control in the public procurement and its adaptation in Ukraine in the context of globalization processes. The purpose of the paper is the generalization of modern concepts of state regulation and control of public procurement; adaptation of foreign experience in the efficiency of public procurement in Ukraine. Results. The experience of foreign countries shows the presence of two powerful groups of system control in different countries: two-channel and single-channel system control with courts of ordinary and specialized jurisdictions. Among the key factors inherent in the foreign control system are such as multi-channel, variability, regulation and preventive. Taking into account the EU Directives on system control and legal protection in terms of effective procurement allows maneuvering between public law and civil law, which disciplines actors of public procurement. The domestic system control in the field of public procurement lacks effective regulatory and methodological documents capable of preventing at a high level any manifestations of abuse of government power (the experience of Singapore and the UK). In particular, in terms of regulating the effectiveness of planning, conducting and monitoring the work of state control bodies over public procurement. The Ukrainian system of public procurement lacks such features as impartiality in tenders, high examination of procurement performance, and civil control by society. Along with financial, quantitative, and qualitative losses, political losses are also characteristic of Ukraine in terms of the deterioration of the investment climate in the country, the weakening of the country’s economic and financial system, violation of the principles of free competition, etc. Conclusion. It seems advisable to develop preventive scenarios for «tracking» the procurement system with calculation of the probability of abuse of power, that is, the «chance» on each channel: from the announcement of the tender to its completion. All this together will work like the British or Singaporean model of strengthening the political image of the country, preventing any manifestations of corruption in this area of activity. A necessary innovation seems to be a preventive-oriented and risk-oriented approach to government regulation and control in the public procurements.
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Kranjc, Vesna. "EU and International Organisations Rules on Public-Private Partnerships." Lex localis - Journal of Local Self-Government 7, no. 2 (September 8, 2009): 197–207. http://dx.doi.org/10.4335/81.
Повний текст джерелаАнотація:
Through the public procurement rules, protection of competition, equality of choice and transparency of the procedure in relationships between the public and private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public and private sectors cannot be subject to strict and formal rules on public procurement primarily due to the special nature of business operations, complexity and duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature and the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships.
KEYWORDS: • protection of competition • public-private partnership • concession • European Union
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Siegfried Schnitzer, ohannes. "Regulating public procurement law at supranational level: The example of eu agreements on public procurement." Journal of Public Procurement 10, no. 3 (March 2010): 301–34. http://dx.doi.org/10.1108/jopp-10-03-2010-b001.
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Krizic, Ivo. "For the Sake of Market Access: Comparing EU and US Approaches to Liberalize Public Procurement in Brazil, India and China." European Foreign Affairs Review 22, Special Issue (August 1, 2017): 77–94. http://dx.doi.org/10.54648/eerr2017021.
Повний текст джерелаАнотація:
The article investigates the mechanisms and effectiveness of EU and US attempts to liberalize public procurement in Brazil, India and China. These emerging countries have been reluctant to fully embrace the EU- and US-induced international procurement regime, which is underpinned by the plurilateral WTO Government Procurement Agreement (GPA). Relying on the Special Issue’s ‘supply-and-demand model’ of regulatory power, the article finds that the EU has developed a more assertive bargaining approach over time compared to the US, and can hereby rely on support from business groups and the centralization of competences at EU-level. In terms of effectiveness, EU and US strategies depend on emerging countries’ demand for external input, with Chinese authorities being most involved in exchanges with EU and US counterparts. Finally, the persistence of domestic preference schemes in the US and low market penetration in the EU undermine their efforts to gain market access abroad, and – worse – inspire emerging countries to introduce not only ‘best’ practices of transparent procurement procedures, but also ‘bad’ practices of protectionism against foreign companies.
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Balshøj, Dorthe Kristensen. "Can Affirmative Action be Allowed in EU Procurement Law? – SMEs to be Positively Discriminated?" European Business Law Review 32, Issue 5 (October 1, 2021): 966–78. http://dx.doi.org/10.54648/eulr2021034.
Повний текст джерелаАнотація:
Affirmative action is a widely acknowledged phenomenon in the US, and in the context of small businesses (US counterpart to European SMEs) within public procurement it is manifested in a 23% set-aside. The purpose of affirmative action in the US is equal treatment – as is the overall purpose of EU law. However, in EU law affirmative action and equal treatment are considered somewhat opposites, for which reason there is no set-asides as such. That said, Article 67(2) of Directive 2014/24/EU provides for including social aspects in the contract award criteria, and therefore the main question of this article is whether it would be against the principle of equal treatment to use Article 67 as a basis for introducing affirmative action to promote SMEs in European public procurement? In this author’s opinion, the answer is no. EU public procurement, US government purchasing, small and medium-sized enterprises, SME, small businesses, affirmative action, sustainable procurement, principle of equal treatment, incomparable positions, Article 47
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Chubenko, Vira. "Public procurement in the system of creating conditions for the development of deep tech innovations in Ukraine." Law and innovations, no. 1 (45) (March 13, 2024): 26–31. http://dx.doi.org/10.37772/10.37772/2518-1718-2024-1(45)-3.
Повний текст джерелаАнотація:
Problem setting. The European Union has long been paying special attention to stimulating innovative activity through the use of public procurement. This is emphasized both in EU directives in the field of public procurement and in specific program documents regarding the development of innovations in the European Union, in particular the new wave of deep technological innovations. At the same time, in Ukraine, the public procurement institute is currently used only as a tool for saving public funds and preventing corruption. Thus, there is a need to study the issue of public procurement as a means of state regulation of innovations in general, as well as a possible tool for stimulating deep technological innovations in Ukraine, including, considering the experience of the EU, in particular, and for the post-war reconstruction of our state. Analysis of recent researches and publications. Some separate aspects of the issue of innovation stimulation through the mechanism of public procurement were given attention in the works – V.K. Malolitneva, L.O. Berezovska, A.V. Kyrychenko, S.R. Karpenko and others. At the same time, the issue of stimulating a new wave of deep tech innovations, using the instrument of state procurement, requires a more detailed study as a separate phenomenon, including in the aspect of harmonizing Ukrainian legislation with EU directives in the field of public procurement. Purpose of the research is to determination of the place of the institution of public procurement as a tool for stimulating the development of deep tech innovations in Ukraine, as well as an analysis of the legal support for the use of public procurement as a regulation of innovative activity in the European Union and in Ukraine, including in the aspect of the need to harmonize Ukrainian legislation with EU rights. Article’s main body. The article is devoted to the study of the issue of legal regulation of public procurement as a means of state regulation aimed at stimulating innovative activity in the European Union. The value of state purchases of ready-made innovative solutions, as well as research and development works, the result of which can be innovative products, is analyzed. The main types of procurement of innovations provided for by European regulatory acts are given. It has been established that the riskiness and capital intensity of deep tech innovations indicate that the main driver, catalyst, and initiator of their development can be the state, using the mechanism of the state order. The issue of legal regulation of the use of the public procurement tool to stimulate the development of deep technological innovations in Ukrainian legislative acts has been investigated. The main legal problems of using such a tool in our country are presented, including in the aspect of harmonization of legislation in the field of public procurement with relevant EU directives. Conclusions and prospects for the development. In Ukrainian legislation, despite its harmonization and adaptation to EU law, there are no special provisions regarding procurement of innovations. At the same time, in the European Union there is a thorough and consistent approach, according to which public procurement an important and effective tool for the development of innovations, in particular, deep tech innovations. Ukraine needs more careful consideration of this practice, since post-war reconstruction requires special innovative solutions that can be found, including, with the use of public procurement.
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Boros, Anita, and László Kovács. "Characteristics of green public procurement in Hungary." Studia Mundi – Economica 9, no. 4 (2022): 39–49. http://dx.doi.org/10.18531/studia.mundi.2022.09.04.39-49.
Повний текст джерелаАнотація:
Green, sustainable and circular public procurement are concepts that require a completely different approach from the point of view of public procurement as well. An economic approach that goes beyond the economic aspects of occasional procurement needs and is also suitable for achieving wider effects. The legal foundations for these have already been mostly created by the legislator at the EU and national level. However, the application of narrowly or broadly interpreted green aspects requires the conscious behavior of the entire value chain of the given procurement. In our study, we examined (i) what exactly is covered by some definitions of public procurement classified under the general term of green public procurement (sustainable public procurement, circular public procurement), (ii) what is the ratio of green public procurement in Hungary, and (iii) we tried to formulate proposals for the more effective application of green public procurement.
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Dawar, Kamala. "The 2016 European Union International Procurement Instruments Amendments to the 2012 Buy European Proposal: A Retrospective Assessment of Its Prospects." Journal of World Trade 50, Issue 5 (October 1, 2016): 845–65. http://dx.doi.org/10.54648/trad2016034.
Повний текст джерелаАнотація:
This article assesses the European Commission’s 2016 Amended Proposal for ‘a Regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries’.1 The proposed regulation aims to improve the conditions under which European Union (EU) businesses can compete for public contracts abroad. It provides the EU with leverage through imposing a price penalty on any tender for an EU procurement which is originating in a country that does not offer the EU ‘reciprocity’ in access to its procurement markets. After introducing the 2016 International Procurement Instrument (IPI) Amended Proposal, the article examines the legal framework of the Amended Proposal with reference to its evolution from the European Commission’s original 2012 proposed regulation. The analysis then turns to the concept of reciprocity, which serves as the justificatory basis of the Commission’s proposal before assessing the 2016 Amended Proposal’s compatibility with the EU’s commitments under the World Trade Organization (WTO), including most notably the World Trade Organization’s Government Procurement Agreement (WTO GPA), the General Agreement on Tariffs and Trade (GATT) and the Agreement on Subsidies and Countervailing Measures (ASCM). This assessment concludes by questioning the compatibility of this proposed regulation with the EU’s obligations under the WTO as well as the objectives of the EU procurement rules, underpinned by Treaty principles.
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Corvaglia, Maria Anna. "TTIP Negotiations and Public Procurement: Internal Federalist Tensions and External Risks of Marginalisation." Journal of World Investment & Trade 19, no. 3 (May 3, 2018): 392–414. http://dx.doi.org/10.1163/22119000-12340094.
Повний текст джерелаАнотація:
Abstract Government procurement is perhaps one of the most underexplored areas in the recent academic literature on transatlantic economic relations, yet it was also one of the most protected economic sectors addressed in the now derailed Transatlantic Trade and Investment Partnership (TTIP) negotiations. Even though the European Union (EU) and the United States have undertaken extensive reciprocal procurement commitments under the World Trade Organization’s Agreement on Government Procurement (GPA), as well as in their respective preferential trade agreements (PTAs), the liberalisation and harmonisation of the transatlantic procurement market could not be more ambiguous or controversial. This article aims to deepen our understanding of crucial aspects of the contemporary EU–United States procurement relationship. To this end, the article explores the TTIP negotiations as well as similar PTAs and underlines the potential implications in terms of the fragmentation of the international discipline of procurement regulation.