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EPPPL - European Procurement & Public Private Partnership Law Review    [8 followers]  Follow    
  Full-text available via subscription Subscription journal
     ISSN (Print) 2194-7376
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • Country Reports
    • Abstract:
      Slovakia       Peter Hodal Sweden     Tobias Indén Switzerland       Peter Hettich and Louisa Galbraith
      PubDate: Mon, 16 Dec 2013 17:54:09 +010
  • The Evropaïki Dynamiki Tale Continues
    • Abstract: Judgment of the General Court (4th Chamber) of 24 April 2013 in
      Case T-32/08 – Evropaïki Dynamiki; Judgment of the General Court
      (6th Chamber) of 21 February 2013 in Case T-9/10 – Evropaïki Dynamiki;
      and Judgment of the Court (7th Chamber) of 4 October 2012 in
      Case C-629/11 P – Evropaïki Dynamiki

      The CJEU Confirms its Decision in Case C-235/11 P, While the GC Dismisses Extending the
      Scope of the EU Courts’ Judicial Review in Procurement Decisions
      PubDate: Mon, 16 Dec 2013 17:13:43 +010
  • The PPP Law Reform in Tunisia: What Changes Will Be Introduced in the
           Legal Framework?
    • Abstract: When the draft lawon public private partnershipswas first submitted to Tunisia’s constituent
      Parliament, the government emphasized the urgency of the subject matter for the country.
      This piece of legislation is deemed as a prerequisite for creating an attractive environment
      for PPP projects to face the increasing demand for basic services. The draft law on public
      private partnerships aims to create a unique legal framework for PPP projects in Tunisia in
      the context
      PubDate: Mon, 16 Dec 2013 17:10:56 +010
  • Measurement of Public Procurement Systems in the EU Member States: Towards
           Novel Methods and ...
    • Abstract: This paper presents the results of the first part of the SVAP research project by the University
      of Trento, whose aim is to design a new method for evaluating the law and functioning
      of public procurement. In particular, it aims to assess the relationship between the compliance
      of national systems with EU rules and the quality of public procurement (PP) domestic
      markets in terms of performance. The expectation is that the modernizing element introduced
      by EU rules fav
      PubDate: Mon, 16 Dec 2013 17:09:23 +010
  • Contract Execution in Europe: Different Legal Models with a Common Core
    • Abstract: The comparative analysis of public procurement shows that in most European countries, the
      public contractor is endowed with special powers in the execution of the contract. This result,
      while demonstrating the utility of comparative studies on public procurement, leads to
      criticize classifications of public contracts along the divide between private and public legal
      regimes, which should be abandoned in favour of a different criterion founded on the
      “legal location”
      PubDate: Mon, 16 Dec 2013 17:07:54 +010
  • Procurement Beyond Award: On the Integration of Governance Principles when
           Executing Public ...
    • Abstract: The purpose of this paper is to frame good governance principles. Six such governance principles,
      namely participation, decency, transparency, accountability, fairness and efficiency
      are put into perspective and their applicability and potential impact during the ex post phase
      of Public Private Partnerships discussed. It is argued that procurement rules and procedures
      alone cannot guarantee the successful implementation of Public Private Partnerships and
      that the inco
      PubDate: Mon, 16 Dec 2013 17:06:33 +010
  • Material Amendments of Public Contracts during their Terms: From
           Violations of Competition to ...
    • Abstract: The problems of incorrect contract execution are widespread in any procurement system.
      Often the quality promised in the contract signed after the award procedure is not delivered
      during the execution phase and the procuring entities accept a different and worse-thanpromised
      performance. The infringement of the contract can lead to a material amendment
      related to a modification of the economic balance of the initial contract. Such situation can
      be due to the incompete
      PubDate: Mon, 16 Dec 2013 17:05:22 +010
  • Editorial
    • Abstract: The final issue of EPPPL for 2013 concludes a year in which political agreement has been
      reached on new directives on public procurement and utilities procurement, and, with
      particular significance for PPP, also on the new Directive on the award of Concession Contracts.
      Evidence arising from a study carried out for the European Commission showed that
      60% of PPP can be classified as concession contracts.
      This political agreement resulted from a lengthy period of consultat
      PubDate: Mon, 16 Dec 2013 17:03:55 +010
  • Country Reports
    • Abstract:
      Romania       Ioan Baciu Slovenia     Petra Ferk United Kingdom       Nick Maltby
      PubDate: Wed, 18 Sep 2013 10:05:39 +010
  • Conferring of Jurisdiction and Implied Contractual Obligations: CJEU
           Interprets (Article 16 of) ...
    • Abstract: Judgement of the Court (First Chamber) of 17 January 2013
      in Case C-623/11 – Société Geodis Calberson GE Within its Judgment (preliminary ruling) given on 17 January 2013 in Case C-623/11,
      Société Geodis Calberson GE v. Établissement national des produits de l’agriculture et de
      la mer (FranceAgriMer), the Court of Justice (CJEU) ruled that Article 16 of Commission
      Regulation No 111/1999 laying down general rules for the application of Council
      PubDate: Wed, 18 Sep 2013 09:56:57 +010
  • Economic Requirements and Divergence of National Legislations
    • Abstract: Judgment of the Court (Seventh Chamber) of 18 October 2012
      in Case C-218/11 – Fõvárosi Ítélõtábla The requirement of a minimum level of economic and financial standing cannot, in
      principle, be disregarded solely because that level relates to an aspect of the balance
      sheet regarding which there may be differences between the legislations of the different
      Member States. EPPPL 3 2013 Economic Requirements and Divergence of National Legislations 257
      PubDate: Wed, 18 Sep 2013 09:55:24 +010
  • Model Contracts for Public-Private Innovation Partnerships, a Danish
    • Abstract: This article presents two newly published Danish model contracts intended for use by
      parties wishing to establish a public-private innovation partnership (a PPI). The article
      gives an insight as to how the model contracts regulate the obligations of the parties, and
      examines whether it can be assumed that contracts based upon them can be concluded
      without a public procurement process. 248 Model Contracts for Public-Private Innovation Partnerships EPPPL 3 2013

      PubDate: Wed, 18 Sep 2013 09:51:27 +010
  • The Liability of EU Institutions for Breach of Procurement Rules
    • Abstract: EU Courts are very reluctant in allowing damages claims against EU institutions for
      breach of the procurement rules. This corresponds to a more general trend in the case
      law on the liability of EU institutions. Concerning procurement, however, this is due first
      to an inflated notion of discretion, limiting the intensity of review, and second, and
      possibly more relevant, to a very strict approach to causation which simply ignores loss
      of chances claims. In this situati
      PubDate: Wed, 18 Sep 2013 09:49:50 +010
  • In-House Contracts and Inter-Municipal Cooperation – Exceptions from
           the European Union ...
    • Abstract: The European Union has drawn up rules for the award of public contracts exceeding
      a certain value, in order to guarantee that public procurement be open to competition
      and to avoid market distortion.1 As a principle, contracting authorities have to put out
      public contracts to tender. An exception to this principle applies where a contracting
      authority does not purchase from a market but receives services from another public
      entity within the State organisation (public
      PubDate: Wed, 18 Sep 2013 09:48:27 +010
  • Public Private Partnership Contract Management – Still in Need of
           More Attention?
    • Abstract: The management of PPP contracts is often deficient and thus fails to ensure value
      for money. This article examines the changes brought by the currently discussed reforms
      of the EU Public Procurement Directives, assessing where legal issues are likely to arise.
      The author also presents the state of the art regarding good practice in contract management,
      using the UK experience in particular, and introducing the often neglected
      perspective of collective action at the te
      PubDate: Wed, 18 Sep 2013 09:45:44 +010
  • Editorial
    • Abstract: The year 2013 reflects on the culmination of a most
      fruitful period in the evolution of the acquis relevant
      to public procurement and public-private partnerships.
      The amended Directives on Public Sector
      Procurement and Utilities Procurement have been
      in principle agreed.
      An important initiative which covers the EU-US
      Transatlantic Trade and Investment Partnership
      has also reached its final stages. The EU has
      adopted its position in relation to public
      PubDate: Wed, 18 Sep 2013 09:31:46 +010
  • Country Reports
    • Abstract:
      Portugal       Pedro Melo, Diogo Duarte de Campos and Carla Machado United Kingdom     Nick Maltby
      PubDate: Thu, 27 Jun 2013 11:07:24 +010
  • Transparency Amendment of the Czech Public Procurement Act
    • Abstract: I. Introduction
      This article analyses the latest big amendment1 of
      the Czech Procurement Act2 which came into force
      last year.
      This reform can be traced back to a movement of
      entrepreneurs who were unhappy with the state of
      affairs concerning the awarding process of public
      contracts in the Czech Republic. These entrepreneurs
      desired to remedy the failing practice of
      Czech awarding authorities. They thought that the
      best approach would be to amend
      PubDate: Thu, 27 Jun 2013 11:02:19 +010
  • Efficiency and Effectiveness in Public Sector Management: The Regulation
           of Public Markets and ...
    • Abstract: I. Introduction
      The public sector integration in the European
      Union has been an integral part to the concept of
      the internal market. It provides for economic and
      policy justifications for establishing a genuinely
      competitive environment within which both private
      and public markets may function and inter-
      State trade patterns flourish.
      The economic approach to the regulation of the
      public sector aims at the integration of public markets
      across the
      PubDate: Thu, 27 Jun 2013 11:00:54 +010
  • Good Legal Governance in Authoritative Public-Private Partnerships
    • Abstract: Conceptualising Legitimate Partnerships with Public Authority The discourse on Public Private Partnerships (PPP) is focused most on Procurement or on
      what we name ‘Market-PPP’. Placing PPP in the shift from government to governance
      calls for attention especially to those PPP, which are geared to exercise public legal
      powers. These ‘Authoritative PPP’ are most likely to come with tensions between private
      party involvement and public interest legitimacy. In this
      PubDate: Thu, 27 Jun 2013 10:59:24 +010
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