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Journal Cover   EPPPL - European Procurement & Public Private Partnership Law Review
  [11 followers]  Follow
   Full-text available via subscription Subscription journal
   ISSN (Print) 2194-7376
   Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • 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
    • 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
    • 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
      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
  • The Starting Point of Limitation Periods for Remedies in Public
           Procurement Procedures
    • Abstract: Annotation on the Judgments of the European Court of Justice of 28 January 2014 in Case C-161/13, Idrodinamica Spurgo Velox and Others v Acquedotto Pugliese SpA It is acknowledged that, in exercise of their procedural autonomy, the Member States may
      establish appropriate limitation periods for public procurement review procedures. Community
      law requires that the decisions taken by the contracting entities can be reviewed for infringements
      of procurement
      PubDate: Tue, 30 Sep 2014 10:33:09 +010
  • Construction Investments in Public Works through Public Private
    • Abstract: Based on international experience, Public Private Partnerships and Concession Contracts
      can be identified as solutions to facilitate Greece’s recovery (the so-called “Grecovery”) and
      the return to sustainable economic growth. Such public-private cooperations for public infrastructure
      development have been in use for decades in Greece, mainly for the construction
      of new public works and with extremely successful results, but in the current unprecedented
      PubDate: Tue, 30 Sep 2014 10:19:31 +010
  • Towards a Design Framework for Legitimate Public Private Partnerships
    • Abstract: A General Approach Applied to Innovative Renewable Energy Infrastructures This article provides a framework to guide the choice and design of a fitting Public Private
      Partnerships (PPP), which is applied to a Dutch example of biogas/sustainable energy
      projects. The framework focuses on ‘legitimate public governance’, merging Beetham’s dimensions
      of legitimacy (legality, shared beliefs and consent) with three types of governance
      mechanisms (ma
      PubDate: Tue, 30 Sep 2014 10:14:58 +010
  • Institutionalised Public-Private Partnership as a Mixed Contract under the
           Regime of the New ...
    • Abstract: The reformed EU public procurement regime established in Directive 2014/24/EU1 (further:
      the Directive) is likely to have the side effect of hindering the development of Institutionalised
      Public-Private Partnership (IPPP) contracts by introducing uncertainties regarding
      their classification for the purpose of their tendering and award. Even though a number of
      simplified rules and procedures were introduced, the issues regarding IPPP contracts’ classification
      and unc
      PubDate: Tue, 30 Sep 2014 10:13:39 +010
  • Real Options in Public-Private Partnerships
    • Abstract: In terms of legal language, a real option is a right, not an obligation, to take action on an
      underlying real asset. In terms of economic language a real options has its value, just like a
      financial option. Incentives that the public partner grants to the private partner in order to
      make the project more attractive, like the minimum revenue guarantee, the put option, the
      abandonment option, the extension option, input subsidies and others are in their essence
      real opt
      PubDate: Tue, 30 Sep 2014 10:12:05 +010
  • Editorial
    • Abstract: The reforms of public procurement acquis in 2014 have focused on standardisation of regulation for the award of public contracts, concessions and Public-private Partnerships. Regulatory
      standardisation faces a significant challenge. The desirability of regulating PPPs,
      concessions and public contracts alike is counterbalanced with the difficulty of the regulation
      of concessions and PPPs which emanates from the inability of such relations to fit
      into a procedural uniformity si
      PubDate: Tue, 30 Sep 2014 10:10:08 +010
  • The “Abuse of Rights” in Light of the CJEU Case Law. A
           Radiography of Decision C-434/12
    • Abstract: Judgment of the Court (Sixth Chamber) of 12 September 2013 in Case C-
      434/12, Slancheva sila EOOD v Izpalnitelen direktor na Darzhaven fond
      “Zemedelie” Razplashtatelna agentsia.
      I. Introduction
      This article is devised to address an issue of particular
      importance in the context of public procurement:
      the correct spending of public funds. Indeed, public
      procurement inevitably involves the disburse
      PubDate: Wed, 02 Jul 2014 12:29:30 +010
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