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EPPPL - European Procurement & Public Private Partnership Law Review    Journal TOC RSS feeds Export to Zotero [5 followers]  Follow    
  Full-text available via subscription Subscription journal
     ISSN (Print) 2194-7376
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • Country Reports
    • Abstract:
      Denmark       Martin André Dittmer and Camilla Christiansen Estonia Kristo Kallas France Gaelle Giffard Germany     Susanne Lottermoser Hungary     Tünde Tátrai Latvia     Pavels Tjusevs
      PubDate: Thu, 28 Feb 2013 13:55:09 +010
       
  • Is there a Swiss Approach towards Sustainable Public Procurement'
    • Abstract: I. Introduction
      On a general note, it is important to highlight that
      the existence of a bilateral agreement between the
      European Union (at the time the European Community)
      and the Swiss Confederation on certain
      aspects of government procurement1 does not
      mean that EU Public Procurement Directives are
      relevant for the legal framework of Swiss public
      procurement. Rather, the most significant international
      treaty for Switzerland is, by far, the World
      PubDate: Thu, 28 Feb 2013 13:50:09 +010
       
  • Sustainable Public Procurement in Portugal – State of the Art and Future Prospects
    • Abstract: I. Introduction
      This report comments on the most relevant issues
      of Sustainable Public Procurement (“SPP”) in the
      Portuguese legal system, looking in particular at the
      social and environmental criteria used in the context
      of public procurement.1 Generally speaking, in
      Portugal, “social” criteria have not, so far, achieved
      the success that the “environmental” criteria have
      known, which, although relatively recent, has
      effectively contribute
      PubDate: Thu, 28 Feb 2013 13:49:01 +010
       
  • Evolving CJEU Jurisprudence: Balancing Sustainability Considerations with the Requirements of ...
    • Abstract: In the recent North Holland case, the Advocate General noted that the Court was
      ‘faced with the challenge of finding a balance between the requirements of the internal
      market and environmental and social concerns, without however ignoring the practical
      requirements of award procedures’. This tightrope walk is an interesting one to explore.
      The Court of Justice of the European Union (CJEU) has on several occasions been asked
      to consider situations where contracting
      PubDate: Thu, 28 Feb 2013 13:47:35 +010
       
  • Helping Public Procurement Go Green: The Role of International Organisations
    • Abstract: Greening public procurement involves more than just changes in the legislation, it
      requires changes in procurement practices. Three issues appear to be particularly
      significant: The greening of technical specifications, the development of life-cycle
      methodologies, and, at the organisational level, training of public officials. International
      organisations, and notably UNEP, UNOPS, ILO and ITC-ILO, have played and are playing
      a relevant role here.   Hel
      PubDate: Thu, 28 Feb 2013 13:45:59 +010
       
  • The Impact of the Revised WTO Government Procurement Agreement on the EU Procurement Rules from ...
    • Abstract: Although public procurement is increasingly used to contribute to sustainable development
      goals and the European Union has repeatedly recognised its importance as a tool
      for implementing specific social and environmental objectives, EU public procurement
      rules are often unclear about how to integrate sustainability criteria into the procurement
      process. The on-going review of the EU public procurement Directives provides an
      opportunity for lawmakers to clarify the leg
      PubDate: Thu, 28 Feb 2013 13:44:48 +010
       
  • Sustainable Public Procurement and the Single Market – Is There a Conflict of Interest'
    • Abstract: Sustainable public procurement indicates that procurement is about more than just
      saving money. Other important interests such as social and environmental considerations
      can be promoted through public procurement. Thus, the Member States may use
      their purchasing power to procure goods and services that foster innovation, respect the
      environment and combat climate change while improving employment, public health
      and social conditions. However, the objective of the proc
      PubDate: Thu, 28 Feb 2013 13:43:35 +010
       
  • Sustainable Public Procurement: Life-Cycle Costing in the New EU Directive Proposal
    • Abstract: The paper discusses a new tool to be used in public procurement by contracting authorities,
      namely Life-Cycle Costing (LCC), in light of the efforts made at the EU level to
      promote green and sustainable public procurement. The authors analyse the provisions
      concerning life-cycle costing comprised in the proposal of the European Commission for
      the new Public Procurement Directives. Several obstacles regarding the implementation
      of life-cycle costing are discussed along
      PubDate: Thu, 28 Feb 2013 13:42:34 +010
       
  • The Link to the Subject-Matter of the Contract in Green and Social Procurement
    • Abstract: Since the European Court of Justice’s 1988 judgment in Beentjes recognising the possibility
      to include social criteria in public procurement, the case law and legislation on
      references to social and environmental concerns in this area have evolved substantially.
      In May 2012, almost ten years after its latest important ruling on this issue, the Court
      handed down its judgment in European Commission v Kingdom of the Netherlands.
      While upholding procuring entities’ ab
      PubDate: Thu, 28 Feb 2013 13:41:22 +010
       
  • The Power of Purchase: Addressing Sustainability through Public Procurement
    • Abstract: This article focuses on sustainable development and public procurement and reflects
      on the significance of questioning the goals sustainable public procurement seeks to
      achieve. While it is recognised that developing appropriate legal frameworks and
      regulatory tools for environmental, social and economic quality assurance is important,
      achieving sustainable procurement nevertheless remains political. With the forthcoming
      adoption of new European Union Public Procureme
      PubDate: Thu, 28 Feb 2013 13:40:14 +010
       
  • Editorial
    • Abstract: Dear reader,
      You have in your hands a special issue of the European
      Procurement & Public Private Partnership Law
      Review devoted to sustainable procurement, for
      which I had the honour to be invited to act as guest
      editor.
      The publication of this special issue could not be
      more timely, as relevant policy and legal developments
      for sustainable procurement have and are taking
      place at both International and European level.
      At International level, a r
      PubDate: Thu, 28 Feb 2013 13:38:42 +010
       
  • Country Reports
    • Abstract:
      Denmark       Martin André Dittmer and Camilla Christiansen Greece Spyros Panagopoulos Hungary Tünde Tátrai Serbia     Branko Radulovic and Dragutin Nenezic
      PubDate: Thu, 20 Dec 2012 11:23:55 +010
       
  • Defence Procurement: The ECJ Keeps its Ground on “Dual Use” Products
    • Abstract: Practical appliance of the exemptions relating to defence purchases that require the protection
      of the essential interest of the national security and therefore may be brought
      outside the scope of the EU public procurement directives gives rise to numerous legal
      problems. The key condition of the exemption is the specifically military purposes of
      the product, which is hard to determine in case of products of a possible “dual use” or
      “mixed use” – not only as
      PubDate: Wed, 19 Dec 2012 12:31:34 +010
       
  • The ECJ Sets Precedent on What Should Be Considered Sufficient Examination of Rejected Bidders
    • Abstract: In its Judgment of 29 November 2011 in Case C-235/11 P Evropaïki Dynamiki v Commission
      (CITL/CR), the Court of Justice (ECJ) laid precedent on what should be considered
      sufficient examination of rejected bidders within established public procurement
      procedures. The Evropaïki Dynamiki (CITL/CR) Judgment was delivered on the basis of
      Article 100(2) of Council Regulation1 (EC, Euratom) No 1605/2002 and on the understanding
      of Article 149(2) and (3) of the Implementing
      PubDate: Wed, 19 Dec 2012 12:29:04 +010
       
  • Delivering Support to SMEs in a Business- Friendly Way: The Seed Fund
    • Abstract: The Ministry of Industry and Trade of the Czech Republic (MIT CZ) has developed
      an interesting scheme implementing venture capital support for small and mediumsized
      enterprises (SMEs) in the form of a quasi-PPP. During its preparation phase, the
      facilitator of the project has faced numerous legal challenges. Mainly, it was the first
      time that public procurement and State aid rules were combined with financial market
      regulatory requirements in a single project in the C
      PubDate: Wed, 19 Dec 2012 12:26:46 +010
       
  • The Legal Framework for Public-Private Partnerships (PPPs) in Nigeria: Untangling the Complex Web.
    • Abstract: Any investor coming into a country would like to see a predictable, enabling and welldefined
      regulatory environment. Despite having in place a number of laws regulating
      PPPs, the country is yet to enjoy the influx of foreign direct investments to develop its
      infrastructure. The reason for this is that there is a multitude and conflicting web of laws
      regulating PPPs in Nigeria. There are also a host of institutions trying to regulate the
      same transactions this has led
      PubDate: Wed, 19 Dec 2012 12:24:47 +010
       
  • Legal Aspects of Public Private Innovation
    • Abstract: This article analyses some of the legal issues that may arise from Public Private
      Innovation projects (PPI) with regard to State aid rules. The analysis reveals that public
      procurement is a not unproblematic means of compliance. Further, it is shown that the
      application of State aid law depends to a large extent on the way a PPI is organised and
      operated. The contract that forms the basis for a PPI is hence crucial to compliance with
      State aid law. For this reason, th
      PubDate: Wed, 19 Dec 2012 12:19:32 +010
       
  • International Approaches to Conflicts of Interest in Public Procurement: A Comparative Review
    • Abstract: This Article examines the current regulatory treatment of conflicts of interest and proposed
      changes to the public procurement regimes of the United States and the European
      Union. It suggests that a principal-agent model may be a useful tool for thinking about
      conflicts of interest and formulating policies capable of mitigating the risks posed by
      them to the integrity and legitimacy of public procurement I. Introduction
      The commentary that follows could easily
      PubDate: Wed, 19 Dec 2012 12:18:01 +010
       
  • Negotiated Procedures Overrated' Evidence from France Questions the Commission’s Approach in ...
    • Abstract: The new European legislative proposals on public procurement suggest introducing
      the unconditional possibility for public buyers to use negotiated procedures with publication.
      Such procedures have been available to French public buyers for contracts up to
      €5 million since 2004. We use an original and comprehensive database from Paris
      Habitat-OPH, the largest social housing constructor in Europe, to empirically assess the
      impact of negotiated procedures on price. Aft
      PubDate: Wed, 19 Dec 2012 12:15:16 +010
       
  • Regulatory Trends in Public Procurement at the EU Level
    • Abstract: Within 2013, the European Union will have seen
      another set of reforms to the EU Public Procurement
      framework. These reforms aim at linking the
      Euro 2020 Strategy and public procurement from a
      macro-perspective which focuses on growth and
      competitiveness. The significance of liberalised and
      integrated public procurement as an essential component
      of the Single Market is well documented.1
      Public procurement regulation in the European
      Union has been influ
      PubDate: Wed, 19 Dec 2012 12:13:17 +010
       
 
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