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Journal Cover EPPPL - European Procurement & Public Private Partnership Law Review
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     ISSN (Print) 2194-7376
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • Current PPP Developments in the Republic of Slovenia
    • Abstract: I. New Amendments of the Public
      Procurement Legislation
      In March 2014, two amendments of the public procurement
      legislation were adopted by the National
      Assembly and published in theOfficial Gazette of the
      Republic of Slovenia, namely, the Act Amending the
      Public Procurement Act (Zakon o spremembah in
      dopolnitvah Zakona o javnem naročanju, ZJN-2E, Official
      Gazette of the Republic of Slovenia No. 19/14,
      hereafter: ZJN-2E) and the Act Amending the P
      PubDate: Wed, 02 Jul 2014 12:32:23 +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
  • The Public Procurement System of Ukraine in the Context of the EU-Ukraine
           Association Agreement
    • Abstract: The negotiations of an Association Agreement with the EU required profound adjustments
      to the Ukrainian Republic, and not only regarding the strategic gas sector which, ahead of
      the escalation of the situation, attracted most attention. The present paper is dedicated to
      the public procurement reform process in Ukraine that aims to bring the national legal order
      on public procurement in line with European Union (EU) legislation. To comply with the
      preceding European Co
      PubDate: Wed, 02 Jul 2014 11:49:53 +010
  • IPPP: Risks and Opportunities, An Economic Perspective
    • Abstract: This article analyzes some of the issues raised by institutionalized public-private partnerships
      in an economic perspective.We demonstrate that although they may address some of
      the main limits of purely contractual public-private partnerships, such as the issues of control,
      know-how transfer, or additional financial cost, they may induce some intrinsic risks
      related to alterations of the contractual incentive structure and judicial challenges. Based
      on economic theor
      PubDate: Wed, 02 Jul 2014 11:48:37 +010
  • Tightening the Common External Trade Policy on “Uncovered
           Procurement”: A Populist Move or ...
    • Abstract: Driven by the severe concerns about the lack of reciprocity in mutual procurement market
      access between Member States and third countries, the Commission has taken legislative
      steps to tighten the common external trade policy of the EU on “uncovered procurement.” So
      far, Member States have enjoyed a wide autonomy in dealing with contractors/goods/services
      from third countries. Under the Commission’s proposal, the Commission could exclude
      tenders consisting of un
      PubDate: Wed, 02 Jul 2014 11:45:06 +010
  • The New European Directive on the Award of Concession Contracts –
           Promoting Value for Money ...
    • Abstract: I. Introduction
      In early 2014 the new European Directive on the
      award of Concession Contracts1 completed its passage
      through the EU legislative process after a long
      process that originated in the European Commission’s
      consultative Green Paper on PPP and concessions
      in April 20042 that led to lengthy period of consultation
      and impact assessment resulting in a proposal
      for a directive in December 2011.3
      Not surprisingly, the political agreement leadi
      PubDate: Wed, 02 Jul 2014 10:59:05 +010
  • Editorial
    • Abstract: The time for the implementation of the newly enacted Public Sector Procurement Directive
      and the Utilities Directive has started. Member States have significant discretion as to
      the methods of transplanting the principles and provisions of the Procurement Directives
      into their domestic legal systems.
      The expected quality of national laws which implement the EU Procurement Directives
      will be tested before national courts and ultimately before the Court of Justice of the E
      PubDate: Wed, 02 Jul 2014 10:57:08 +010
  • Belgium: Pre- and Post Contractual Remedies
    • Abstract: Overview of the reforms of the pre- and post contractual remedies introduced in Belgian law
      by the Act of 17 June 2013 on the motivation of award decisions, the information of tenderers
      and remedies with regard to the tendering of public procurement contracts. I. Introduction
      In this report, an overview is given of the legal novelties
      introduced by the Act of 17 June 2013 regarding
      the motivation of award decisions, the information of
      tenderers and remed
      PubDate: Tue, 01 Apr 2014 12:53:37 +010
  • A Professional Association as a “Body Governed by Public Law”
           within the Meaning of ...
    • Abstract: Judgment of the Court of Justice (5th Chamber) of 12 September 2013 in
      Case C-526/11 – IDV GmbH & Co. KG v Aerztekammer Westfalen-Lippe
      I. Introduction
      The IDV GmbH & Co. KG v Arztekammer Westfalen-
      Lippe case1 concerns a request for a preliminary ruling
      fromtheHigher Regional Court of Dusseldorf, in
      Germany. The Court’s chamber having jurisdiction
      in public procurement matters asked the Court of
      Justice (ECJ) for an interpretation of seco
      PubDate: Tue, 01 Apr 2014 12:52:21 +010
  • Public Procurement, Public Private Partnerships and State Aid Rules: A
           Symbiotic Relationship
    • Abstract: In January 2014, the European Parliament has approved the new legislative package on Public
      Procurement. The new regime is expected to be more accessible for SMEs, less complex
      andmore flexible. The increased flexibility which gives rise to greater discretion to Contracting
      Authorities, specifically in the light of the new competitive negotiated procedure, may
      however create a greater risk of favouritism. However, when public authorities purchase supplies,
      services or
      PubDate: Tue, 01 Apr 2014 12:49:52 +010
  • Public Investments through Public Corporations: ESA95-ESA10 Pitfalls
    • Abstract: Over the past decades, most EU Member States have established quite a lot of public corporations
      and special purpose vehicles (SPV) to realise public investments and PPP projects.
      One of the aims is to set up a situation whereby the financial operation can be kept off the
      balance sheet of the government. In this article, we focus on the question how this can be realized
      or not in the light of ESA95 and how Eurostat is dealing with these kind of operations
      throughout t
      PubDate: Tue, 01 Apr 2014 12:48:25 +010
  • Private Enforcement of Contract Ineffectiveness: A Practitioner’s
           Point of View
    • Abstract: This paper aims to provide a practitioner’s perspective on the enforcement of the remedy of
      “ineffectiveness” in EU procurement law. Needless to say, while the EU procurement Directives
      aim to establish harmonised rules throughout the EU, the application of these rules
      and the enforcement of remedies vary between the Member States, due to differences in the
      legal systems. This paper aims to provide a snapshot of the situation in the EU based on the
      authors’ p
      PubDate: Tue, 01 Apr 2014 12:46:57 +010
  • Quality as an Interacting Award Criterion under Current and Future EU-Law
    • Abstract: This article addresses the question of how to define what may be understood under quality
      as award criterion, which legal constraints have to be respected and what public entities
      have to considerwhen implementing such “requirements” in the formof quality-related award
      criteria in procurement practice. It will therefore examine the legal framework as provided
      by the current Directive 2004/18/EC on the coordination of procedures for the award of public
      works contra
      PubDate: Tue, 01 Apr 2014 12:45:20 +010
  • The Strategic Use of Public Procurement in Support of Innovation
    • Abstract: As one of the main drivers of future growth, innovation was put at the centre of the Europe
      2020 strategy for a smart, sustainable and inclusive growth. Public authorities should make
      the best strategic use of public procurement to suport innovation. Buying innovative products,
      works and services plays a key role in improving the efficiency and quality of public
      services while addressing major societal challenges. It contributes to achieving best value
      for public mone
      PubDate: Tue, 01 Apr 2014 12:44:01 +010
  • Highlight of the EU Procurement Reforms: The New Directive on Co
    • Abstract: Dear reader,
      As you are aware, I am sure, the new EU legislative framework on public procurement and
      concessions has now been enacted. The highlights of the reforms are considered essential
      levers for the EU 2020 Growth Strategy, and they certainly are to a great extent. I would
      like to emphasize here the significance of the adoption of a new Directive on concessions.
      First things first, a few words of introduction on concessions: The European legislature differentiates
      PubDate: Tue, 01 Apr 2014 12:42:39 +010
  • 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
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