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EPPPL - European Procurement & Public Private Partnership Law Review
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ISSN (Print) 2194-7376
Published by Lexxion Verlagsgesellschaft
[12 journals]
[5 followers] Follow ISSN (Print) 2194-7376
Published by Lexxion Verlagsgesellschaft
[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
- Abstract:
- 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
- Abstract: I. Introduction
- 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
- Abstract: I. Introduction
- 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
- Abstract: In the recent North Holland case, the Advocate General noted that the Court was
- 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
- Abstract: Greening public procurement involves more than just changes in the legislation, it
- 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
- Abstract: Although public procurement is increasingly used to contribute to sustainable development
- 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
- Abstract: Sustainable public procurement indicates that procurement is about more than just
- 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
- Abstract: The paper discusses a new tool to be used in public procurement by contracting authorities,
- 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
- Abstract: Since the European Court of Justice’s 1988 judgment in Beentjes recognising the possibility
- 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
- Abstract: This article focuses on sustainable development and public procurement and reflects
- 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
- Abstract: Dear reader,
- 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
- Abstract:
- 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
- Abstract: Practical appliance of the exemptions relating to defence purchases that require the protection
- 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
- Abstract: In its Judgment of 29 November 2011 in Case C-235/11 P Evropaïki Dynamiki v Commission
- 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
- Abstract: The Ministry of Industry and Trade of the Czech Republic (MIT CZ) has developed
- 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
- Abstract: Any investor coming into a country would like to see a predictable, enabling and welldefined
- 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
- Abstract: This article analyses some of the legal issues that may arise from Public Private
- 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
- Abstract: This Article examines the current regulatory treatment of conflicts of interest and proposed
- 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
- Abstract: The new European legislative proposals on public procurement suggest introducing
- 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
- Abstract: Within 2013, the European Union will have seen



