The New Public Procurement Directives and the PPC: Practical Implications of EU Law on the Portuguese Public Procurement Code

2012 ◽  
Vol 7 (2) ◽  
pp. 105-109 ◽  
Author(s):  
P. Melo ◽  
D.D. de Campos ◽  
C. Machado
Keyword(s):  
Public Procurement ◽  
Eu Law ◽  
New Public ◽  
Practical Implications

REFUND FOR CANCELLED TRAVEL DURING THE PANDEMIC: COMMISSION DECIDES TO REFER SLOVAKIA TO THE COURT OF JUSTICE

2021 ◽  
Vol 57 ◽  
pp. 1-1
Author(s):  
Monika Jurčová ◽  
Peter Varga
Keyword(s):  
European Commission ◽  
Slovak Republic ◽  
Eu Law ◽  
European Union Law ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Travel Agencies ◽  
Package Travel ◽  
Practical Implications ◽  
Assessment Of Compliance

Purpose. The purpose of the article is to assess the conformity of the Slovak solutions with regard to refunds for cancelled travels and their conformity with EU law, i.e. the Package Travel Directive. In the article, the position is analysed of the European Commission and its reflection to Slovak legislation on refunds of travels after cancellation of the breach concerning travels by the travel agencies. Method. Legal analyses regarding the Slovak amendment of Package Travel Act and comparison of its provisions with the Package Travel Directive. Findings. In the article, the way is described as to how the Slovak legislator solved the reimbursement for cancelled travels due to pandemic situation. Also provided is the statement regarding the reasoned opinion of the European Commission that followed the adoption of the amendment of the Slovak Package Travel Act. The authors analyse compatibility of the COVID PTA Amendment with European Union law. In the article, it is described that due to time constraints set by the COVID PTA Amendment for refund because of cancelled travels, non-compliance with EU legislation had probably expired by September 2021. Research and conclusions limitations. The research was focused on EU (Package Travel Directive) and Slovak legislation (Package Travel Act) and assessment of compliance of Slovak with EU law. Practical implications. The article draws attention to the question whether some effects of the COVID PTA Amendment will persist after September 2021 provided that the topical purpose of this legislation to postpone refund for travellers has already been accomplished by setting the deadline for 14 September 2021. Secondly, it raises the question of possible damage suffered by the individuals due to the breach of EU law by the Slovak Republic. Originality. As the article is focused on the most current situation, this topic has not been discussed by other authors in other studies. The authors assume a view that makes assessment regarding legality of the Slovak amendment for Package Travel Act with EU law. Type of paper. Research paper.

scholarly journals Extraterritoriality of EU law and human rights after Lisbon: The case of trade and public procurement

2018 ◽  
Author(s):  
Samantha Velluti ◽  
Vassilis P. Tzevelekos
Keyword(s):  
Human Rights ◽  
Public Procurement ◽  
Legal Order ◽  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Special Issue ◽  
International Human Rights ◽  
International Human ◽  
The Eu

The paper introduces the theme and topics of this Special Issue on the extraterritoriality of EU law and human rights in the fields of trade and public procurement since the entry into force of the 2009 Treaty of Lisbon. It briefly explores the meaning of extraterritoriality in international (human rights) law and the EU legal order highlighting the complexity of such notion in both legal systems. In so doing, it provides the context and focus of analysis of the collection of papers that make up this Special Issue, which addresses a number of topical questions concerning the extraterritorial conduct of the EU, as well as the extraterritorial effects of EU law in those specific fields, from the perspective of human rights.

Disclosure rules in eu public procurement: Balancing between competition and transparency

2017 ◽  
Vol 16 (4) ◽  
pp. 528-553 ◽  
Author(s):  
Kirsi-Maria Halonen
Keyword(s):  
Public Procurement ◽  
Eu Law ◽  
Member States ◽  
Competitive Effects ◽  
Eu Member States ◽  
Legal Remedies ◽  
Disclosure Of Information ◽  
Disclosure Rules ◽  
Procurement Procedure ◽  
The Eu

The paper examines the disclosure of information within public contract awards under EU law. EU Public Procurement rules have several objectives that may at some times be conflicting with each other. A certain level of transparency of public procurement procedure is necessary in order to fight corruption, enhance trade opportunities and ensure effective legal remedies. On the other hand, too much transparency may have certain anti-competitive effects. The national laws regarding disclosure of information vary in different EU member states. In Finland the EU law principle of effective remedies has been interpreted as requiring full transparency among the bidders. The transparency rules under EU law and certain Member States' national laws are analysed. As a conclusion, it is suggested that the rules on disclosure should not be left solely to the discretion of member states as the over-transparent approach taken by certain member states may negatively affect the markets both on a national and EU level.

Risk managing contractual routes to effective innovation procurement

2019 ◽  
Vol 35 (10) ◽  
pp. 18-20
Keyword(s):  
Risk Management ◽  
Design Methodology ◽  
Reading Time ◽  
Public Procurement ◽  
Public Organization ◽  
Content Type ◽  
The Public ◽  
Pertinent Information ◽  
Practical Implications ◽  
The Eu

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings This research paper concentrates on the public procurement of innovations (PPI) within the EU as a mechanism for stimulating private sector R&D efforts that solve public organization-identified problems. The authors encourage less risk aversion and greater risk management to encourage the increased use of cost-plus contracts to spread some risk between the procurer and supplier, which should in turn attract more innovative companies to participate in PPI exercises. Originality/value The briefing saves busy executives, strategists and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

GREAT PUBLIC PROCUREMENT PROBLEM

2019 ◽  
pp. 218
Author(s):  
Ilona Mironova
Keyword(s):  
Public Procurement ◽  
Administrative Law ◽  
Practical Application ◽  
The Public ◽  
New Public ◽  
Green Public Procurement

The topic of work is topical in the field of administrative law. This work analyzes and analyzes the application of Green Public Procurement to problems, the application of which is set out in the new Public Procurement Law and Cabinet Regulation No. 353 of 20 June 2017 Requirements for Green Public Procurement and the Procedure for their Application. The positive and negative aspects that have been identified in the practical application of the Public Procurement Law and mentioned in the Cabinet of Ministers regulations are analyzed and described.

scholarly journals Assessing the Public Administration’s Intention in EU Economic Law: Chasing Ghosts or Dressing Windows?

2016 ◽  
Vol 18 ◽  
pp. 93-121
Author(s):  
Albert SANCHEZ-GRAELLS
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Economic Law ◽  
Right To Good Administration ◽  
State Liability

AbstractHere I reflect on the role of subjective or intentional elements in EU economic law prohibitions, particularly in relation to rules concerning public administration. From a normative perspective, it is desirable to suppress the need for an assessment of subjective intent and to proceed with an objectified enforcement of such prohibitions. With this in view, I consider public procurement and Member State aid rules as two examples of areas of EU economic law subjected to interpretative and enforcement difficulties due to the introduction – sometimes veiled – of subjective elements in their main prohibitions. I establish parallels with other areas of EU economic law – such as antitrust, non-discrimination law and the common agricultural policy – and seek benchmarks to support the main thesis that such intentional elements need to be ‘objectified’, so that EU economic law can be enforced against the public administration to an adequate standard of legal certainty. This mirrors the development of the doctrine of abuse of EU law, where a similar ‘objectification’ in the assessment of subjective elements has taken place.I draw on the case law of the Court of Justice of the European Union to support such ‘objectification’ and highlight how the Court has been engaging in such interpretative strategy for some time. The paper explores the interplay between this approach and more general protections against behaviour of the public administration in breach of EU law: the right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union and the doctrine of State liability for infringement of EU law. I conclude with the normative recommendation that the main prohibitions of EU economic law should be free from subjective elements focused on the intention of the public administration.

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