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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
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • 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
  • 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
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