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Journal Cover   EPPPL - European Procurement & Public Private Partnership Law Review
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   Full-text available via subscription Subscription journal
   ISSN (Print) 2194-7376
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  • Book Reviews
    • Abstract: Buying Defence and Security in Europe
      by Martin Trybus
      Cambridge University Press, 2014, 580 pp. The Future of Public Procurement Law within EU
      Public Procurement Law: Limitations, Opportunities
      and Paradoxes
      The XXVI FIDE Congress in Copenhagen, 2014, Congress
      Publications Vol. 3
      by Ulla Neergaard, Catherine Jacqueson, Grith Skovgaard
      Ølykke (Eds.)
      Djøf Publishing, 2014,
      PubDate: Wed, 11 Mar 2015 14:16:13 +010
       
  • Lithuania: New Subcontracting Regulation for Construction Contracts and
           its Impact on the ...
    • Abstract: The subject matter of the Lithuanian country report is the new regulation regarding the limitation
      of subcontracting for work contracts, the possible implications and controversy of
      the new regulations. The report focuses on the discussion on whether and how the new regulations
      correspond to the principles of equality, non-discrimination, freedom of movement,
      competition and opening markets to the SMEs. I. Introduction
      The Law on public procurement of the Repu
      PubDate: Wed, 11 Mar 2015 14:13:22 +010
       
  • Modification of Public Contracts
    • Abstract: Transposition and Interpretation of the new EU Directives The new EU Directives on public procurement demand terminating the contract and issuing
      a new tender when a material modification is needed. Such a severe consequence is regulated
      by the Directives using more than desirable uncertain legal terms. This article intends
      to clarify those legal concepts by examining all cases of substantial and non-substantial
      modifications and also remedies appl
      PubDate: Wed, 11 Mar 2015 14:10:49 +010
       
  • Use of unsolicited proposals for new projects – the approaches in
           Australia
    • Abstract: This article sets out an overview of the unsolicited proposal process for submission of new
      project ideas to government. It focuses on the regulatory framework in Australia and recent
      experiences. In particular, it discusses the assessment criteria, the submission and evaluation
      process, how IP rights will be protected and the process after the initial submission. I. Introduction
      In Australia, there has been an increase in the use of
      unsolicited proposals rout
      PubDate: Wed, 11 Mar 2015 14:08:59 +010
       
  • Privatisation and Public Private Partnerships: Defining the Legal
           Boundaries from an ...
    • Abstract: PPPs as an innovative public procurement tool for the provision of public services and/or
      the construction of public works are nowadays globally presented, on the one hand as the newest
      and most important, on the other hand as the most advanced and flexible form of a lowerintensity
      privatisation method that indicates the withdrawal-retreat of the State from its
      public-character duties and functions. PPPs are therefore a species of privatisation having
      already develop
      PubDate: Wed, 11 Mar 2015 14:07:50 +010
       
  • Harmonisation of public-private partnership legislation: regional and
           international context of ...
    • Abstract: The objective of this article is to examine the key features of the recently adopted Model
      Law on Public-Private Partnerships for the CIS Countries (the “Model Law”), which the authors
      helped to develop, as an example of model regional legislation in the PPP sector, in the
      context of its potential role in the upgrading of PPP legal and regulatory frameworks of the
      CIS region and beyond and contributing to the promotion of harmonisation of approaches
      to the PPP reg
      PubDate: Wed, 11 Mar 2015 14:06:30 +010
       
  • Editorial
    • Abstract: After some progress recorded during the six previous rounds of negotiations, the Transatlantic
      Trade and Investment Partnership represents the biggest opportunity for liberalising
      trade between EU and USA. The process and prospect of reaching a deal within the end
      of 2015 resumes in February, with a number of pertinent issues requiring the attention of
      the parties, including procurement markets, infrastructure and network PPPs, data regulation,
      and privacy protection.
      PubDate: Wed, 11 Mar 2015 14:03:21 +010
       
  • Ukraine: Strategic Issues of PPP Development
    • Abstract: The objective of this report is to examine the status and environment for public-private partnerships
      (PPPs) in Ukraine, considering external and internal factors that can impede PPP
      development and deduce lessons for future national PPP strategy. Themain researchmethod
      is a critical description and comparison of PPPs strategy plan's key goals and issues in the
      context of theory and practice PPP implementation in developed and emerging economies.
      The study provides cr
      PubDate: Wed, 17 Dec 2014 10:17:34 +010
       
  • Greece: Upgrading Transport Networks Through Construction
           Contractors’ Financing: The Case of ...
    • Abstract: I. The Development of TEN-T in Europe
      Through Private-Sector Financing
      The creation of the Single European Market necessitated
      un espace without internal frontiers where free
      movementofgoods, services, capital andpersons could
      be ensured.Europe lackedthe important infrastructure
      on which this marché intérieur could be established
      and it was soon clear that the development of Trans-
      EuropeanNetworks (TEN), andamongst themtheones
      for Transport,was
      PubDate: Wed, 17 Dec 2014 10:16:07 +010
       
  • Kosovo: A New Public-Private Partnership Development Strategy for Kosovo
    • Abstract: I. Introduction
      On the 2nd of April 2014 the Government of Kosovo
      adopted the ‘Public-Private Partnership Development
      Strategy for the Republic of Kosovo (2014 –
      2016)’ (hereinafter the ‘Strategy’).1 The purpose of
      the Strategy is to address Kosovo’s infrastructure development
      needs and objectives through Public-Private
      Partnerships (hereafter ‘PPP’) for the period 2014
      to 2016. It sets strategic objectives that are expected
      to be
      PubDate: Wed, 17 Dec 2014 10:12:47 +010
       
  • Romania: A Possible Obstacle to the Free Access to Remedies in the
           Romanian Public Procurement ...
    • Abstract: I. Introduction
      By Government Emergency Ordinance No. 51/20141 (‘GEO 51/2014’), the Romanian administration decided
      to take a number of measures allegedly aimed at: streamlining the public procurement process and
      protecting contracting authorities from the submission of abusive complaints which may ultimately
      skew the genuine purpose for which the remedies have been instituted [in the Romanian
      public procurement system] in the first place.+ In addition, these meas
      PubDate: Wed, 17 Dec 2014 10:09:42 +010
       
  • Netherlands: The Proportionality Principle in the Dutch Public Procurement
           Act
    • Abstract: In this report, we look at how the Netherlands has applied the procurement law principle of
      proportionality since the Dutch Public Procurement Act1 entered into effect in April 2013.
      The Public Procurement Act and the accompanying ‘Proportionality Guide’ lay down rules
      ensuring that, for all phases of a government tender, contracting authorities apply conditions
      and criteria reasonably proportionate to the contract. The generally formulated requirements
      provide mo
      PubDate: Wed, 17 Dec 2014 10:07:50 +010
       
  • Fastweb and Challenges by Unsuccessful Tenderers: A View from Across the
           Atlantic
    • Abstract: Annotation on the Judgment of the Court of Justice (Tenth Chamber) of 4 July 2013 in Case C-100/12, Fastweb SpA v. Azienda Sanitaria Locale di Alessandria Fastweb SpA (‘Fastweb’), an unsuccessful tenderer for a contract for voice and data telephony,
      brought an action before the Tribunale amministrativo regionale per il Piemonte
      (Italy) (‘TAR Piemonte’) challenging the award to Telecom Italia SpA (‘Telecom Italia’) and
      its subsidiary Path-Net
      PubDate: Wed, 17 Dec 2014 10:05:35 +010
       
  • CJEU Holds Against the Direct Awarding of Concession Contracts That Have a
           Potential ...
    • Abstract: Annotation on the Judgment of the Court of Justice (4th Chamber) of 14 November 2013 in Case C-388/12 Comune di Ancona. In Comune di Ancona,1 the CJEU upheld that contracting authorities cannot directly award
      concession contracts that have a potential cross-border interest. Such contracts must be
      awarded in accordance with the general principles of the Treaty ie awarded under a fair,
      non-discriminatory and transparent manner. The Court has also expresse
      PubDate: Wed, 17 Dec 2014 10:01:30 +010
       
  • No Negotiation of Mandatory Technical Requirements in Contract Notice
    • Abstract: Annotation on the Judgment of the Court of Justice (Fourth Chamber) of 5
      December 2013 in Case C-561/12, Nordecon and Ramboll Eesti v
      Rahandusministeerium Article 30(2) of Directive 2004/18 does not allow the contracting authority to negotiate with
      bidders tenders which do not comply with the mandatory requirements laid down in the
      technical specifications of the contract as advertised. I. Introduction
      PubDate: Wed, 17 Dec 2014 09:57:43 +010
       
  • Non-Financial Benefits: Another Reason to Foster the Promotion of PPPs as
           a Viable Alternative ...
    • Abstract: This paper will discuss the ability of Public Private Partnership (‘PPP’) projects to provide
      greater non-financial benefits than traditional procurement. It is crucial that in the undergoing
      process of boosting the use of PPPs within the European Union, it is taken into account
      that not only economic and Internal Market policy issues would be fostered under PPPs, but
      also other goals equally important - that can be defined as PPPs’ non-financial benefits - would
      b
      PubDate: Wed, 17 Dec 2014 09:55:18 +010
       
  • Caught Between the Public Procurement Principles and the ‘Public
           Procurement Function’ of ...
    • Abstract: Still a ‘Grey Zone’ in Search for Legal Certainty I. Introduction
      The aim of this paper is to assess the impact of the
      public procurement principles andwhat could be defined
      as the ‘public procurement function1’ of
      Directive 2006/123/EC2 (the so-called ‘Bolkestein’
      Directive) on services provided in areas belonging to
      the public domain - such as beach and hydroelectric
      concessions3 - in order to work out how those economi
      PubDate: Wed, 17 Dec 2014 09:38:09 +010
       
  • Editorial
    • Abstract: The new EU legislative framework on public procurement and concessions has been enacted
      with high expectations. The public procurement reforms have been identified as essential
      components of the European strategic plan which will enhance competitiveness
      and growth and at the same time as indispensable instruments of delivering public services.
      EU Member States and governments have been in the forefront of the reform agenda by
      stressing the need for simplification of p
      PubDate: Wed, 17 Dec 2014 09:36:09 +010
       
  • Country Reports
    • Abstract: Portugal: New Directives on Public Procurement
      Miguel Neiva de Oliveira Switzerland: New Developments in Switzerland: October 2013 – September 2014
      Peter Hettich and Louisa Galbraith
      PubDate: Tue, 30 Sep 2014 10:56:11 +010
       
  • No “Automatic” Similar Control over Private Social Solidarity
           Institutions in In-house Cases
    • Abstract: Annotation on the Judgment of the Court of Justice of 19 June 2014 in Case C-574/12, Centro Hospitalar de Setúbal EPE (CHS) and Serviço de Utilização Comum dos Hospitais (SUCH) v Eurest (Portugal) – Sociedade Europeia de Restaurantes Lda (EUREST) I. Introduction
      In the in-house-jurisdiction of the European Court of
      Justice (ECJ), the criterion of “similar control” has
      been a constant subject since the Teckal case. The direct
      award of a public contract to
      PubDate: Tue, 30 Sep 2014 10:45:20 +010
       
 
 
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