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Journal Cover EPPPL - European Procurement & Public Private Partnership Law Review
   [8 followers]  Follow    
   Full-text available via subscription Subscription journal
     ISSN (Print) 2194-7376
     Published by Lexxion Verlagsgesellschaft Homepage  [12 journals]
  • 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
       
  • Procurement Beyond Award: On the Integration of Governance Principles when
           Executing Public ...
    • Abstract: The purpose of this paper is to frame good governance principles. Six such governance principles,
      namely participation, decency, transparency, accountability, fairness and efficiency
      are put into perspective and their applicability and potential impact during the ex post phase
      of Public Private Partnerships discussed. It is argued that procurement rules and procedures
      alone cannot guarantee the successful implementation of Public Private Partnerships and
      that the inco
      PubDate: Mon, 16 Dec 2013 17:06:33 +010
       
  • Material Amendments of Public Contracts during their Terms: From
           Violations of Competition to ...
    • Abstract: The problems of incorrect contract execution are widespread in any procurement system.
      Often the quality promised in the contract signed after the award procedure is not delivered
      during the execution phase and the procuring entities accept a different and worse-thanpromised
      performance. The infringement of the contract can lead to a material amendment
      related to a modification of the economic balance of the initial contract. Such situation can
      be due to the incompete
      PubDate: Mon, 16 Dec 2013 17:05:22 +010
       
  • Editorial
    • Abstract: The final issue of EPPPL for 2013 concludes a year in which political agreement has been
      reached on new directives on public procurement and utilities procurement, and, with
      particular significance for PPP, also on the new Directive on the award of Concession Contracts.
      Evidence arising from a study carried out for the European Commission showed that
      60% of PPP can be classified as concession contracts.
      This political agreement resulted from a lengthy period of consultat
      PubDate: Mon, 16 Dec 2013 17:03:55 +010
       
  • Country Reports
    • Abstract:
      Romania       Ioan Baciu Slovenia     Petra Ferk United Kingdom       Nick Maltby
      PubDate: Wed, 18 Sep 2013 10:05:39 +010
       
  • Conferring of Jurisdiction and Implied Contractual Obligations: CJEU
           Interprets (Article 16 of) ...
    • Abstract: Judgement of the Court (First Chamber) of 17 January 2013
      in Case C-623/11 – Société Geodis Calberson GE Within its Judgment (preliminary ruling) given on 17 January 2013 in Case C-623/11,
      Société Geodis Calberson GE v. Établissement national des produits de l’agriculture et de
      la mer (FranceAgriMer), the Court of Justice (CJEU) ruled that Article 16 of Commission
      Regulation No 111/1999 laying down general rules for the application of Council
      Regulation
      PubDate: Wed, 18 Sep 2013 09:56:57 +010
       
  • Economic Requirements and Divergence of National Legislations
    • Abstract: Judgment of the Court (Seventh Chamber) of 18 October 2012
      in Case C-218/11 – Fõvárosi Ítélõtábla The requirement of a minimum level of economic and financial standing cannot, in
      principle, be disregarded solely because that level relates to an aspect of the balance
      sheet regarding which there may be differences between the legislations of the different
      Member States. EPPPL 3 2013 Economic Requirements and Divergence of National Legislations 257
      PubDate: Wed, 18 Sep 2013 09:55:24 +010
       
  • Model Contracts for Public-Private Innovation Partnerships, a Danish
           Initiative
    • Abstract: This article presents two newly published Danish model contracts intended for use by
      parties wishing to establish a public-private innovation partnership (a PPI). The article
      gives an insight as to how the model contracts regulate the obligations of the parties, and
      examines whether it can be assumed that contracts based upon them can be concluded
      without a public procurement process. 248 Model Contracts for Public-Private Innovation Partnerships EPPPL 3 2013

      PubDate: Wed, 18 Sep 2013 09:51:27 +010
       
 
 
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