scholarly journals Transposition of the 2014 European Directives on public procurement by Spain

2018 ◽  
Vol 1 (1) ◽  
pp. 24-32
Author(s):  
Jaime Pintos Santiago
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
European Directives ◽  
Spanish Law ◽  
Eu Directives ◽  
Public Contracts ◽  
The Eu

The major changes introduced by the new Spanish Law 9/2017 transposing the EU Directives of 2014 to the Spanish legal framework are discussed in this paper as well as major challenges due to their new law. Special attention is given to the adoption of mandatory e-procurement, including e-tendering, to all public contracts.

scholarly journals Transposition of the 2014 European Directives on public procurement by France

2018 ◽  
Vol 1 (1) ◽  
pp. 14-23
Author(s):  
Kawthar Ben Khelil
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
Public Consultation ◽  
European Directives ◽  
French Government ◽  
Eu Directives ◽  
Public Contracts ◽  
And Performance ◽  
Procurement Contracts ◽  
Domestic Law

The French public procurement code should be published in the next weeks. This project initiated by the French Government gave rise to a public consultation between 23 April and 29 May 2018; it is aimed at grouping together, without any amendments to current rules, all existing provisions relating to public procurement law (all contracts qualifying as public contracts and concessions), according to a consistent plan, in order to make the relevant legal framework clearer and more accessible. As of this day however, French rules relating to the conclusion and performance of public procurement contracts are contained in ordinance (ordonnance) n° 2015-899 of 23 July 2015 relating to public contracts (hereinafter referred to as the “Ordinance”) and its implementation decree (décret), n° 2016-360, of 25 March 2016 (hereinafter referred to as the “Decree”), that have implemented into domestic law the new European directives on public procurement. They entered into force on 1 April 2016. This contribution is aimed at providing an overall presentation of the significant changes resulting from the implementation into French law of EU Directives 2014/24 and 2014/25 without claiming to be exhaustive.

scholarly journals Transposition of the EU Public Procurement Directives 2014 in Austria

2018 ◽  
pp. 4-13
Author(s):  
Bernt Elsner ◽  
Ruth Bittner
Keyword(s):  
Public Procurement ◽  
Case Law ◽  
Legal Framework ◽  
National Parliaments ◽  
The Public ◽  
Service Contracts ◽  
New Public ◽  
Eu Directives ◽  
Historical Developments ◽  
The Eu

The EU public procurement directives 2014 further advance the European Commission’s ambitions to regulate most public procurement at the EU-wide level. The Directives already set out a fairly concrete legal framework for national parliaments regarding public procurement procedures for work, supply and service contracts above the EU-thresholds. The Austrian parliament decided to implement these directives mostly word for word, but at the same time tried to preserve most of the historical developments to the public procurement law that were specific to Austria. In addition to that, the Austrian legislature responded to recent ECJ case law that was established after the EU Directives were published. The new public procurement code creates legal certainty for both contracting authorities and contractors in several different aspects. However, the interpretation of some provisions will be subject to case law, especially regarding contractual cooperation between contracting authorities. Concerning contracts not fully regulated by the Directives – such as concessions as well as social and other specific services – the Austrian legislature opted not to regulate them further and leave some flexibility to the contracting authorities.

scholarly journals The transposition of the 2014 Directives on public procurement into the Italian law: a challenge for a deep reform of the Italian public procurement system

2018 ◽  
Vol 1 (1) ◽  
pp. 45-51
Author(s):  
Valentina Guidi
Keyword(s):  
European Commission ◽  
Public Procurement ◽  
System A ◽  
Italian Government ◽  
Italian Law ◽  
Eu Directives ◽  
Public Contracts ◽  
Procurement System ◽  
The Eu

The transposition of the 2014 Directives on public procurement into the Italian law represented a unique opportunity to introduce an ambitious reform of the Italian public procurement system. A strategic document, issued in 2015 by the Italian Government with the support of the European Commission, provided the main objectives, as pointed out in the EU Directives, and the guidelines of the reform which were first transposed by the Italian institutions into the new legislation on public procurement, the Code of public contracts, in 2016 and are currently being implemented by the different actors involved.

scholarly journals THE INFLUENCE OF THE INTEGRATION IN THE EUROPEAN UNION ON THE ROMANIAN FISCAL LEGISLATION

2008 ◽  
pp. 56
Author(s):  
Mircea Muntean ◽  
Doina Pacurari
Keyword(s):  
European Union ◽  
Fiscal Policy ◽  
Negative Impact ◽  
Value Added ◽  
The European Union ◽  
European Directives ◽  
Eu Directives ◽  
Dividend Tax ◽  
Excise Duties ◽  
The Eu

Fiscal policy constitutes – within the state's economic policy – a system by means of which the taxes and duties owed to the country's consolidated budget are established and collected. Taking into account the role fiscal policy has been playing since Romania's admission in the European Union, one of the goals ceaselessly looked for is its adapting to the international community's acquis through the implementation of the European directives in our context. The EU directives make reference to direct taxes: dividend tax, interest income tax, assets transfer, shares exchange, income taxation for the non-residents, and so on, along with the indirect taxes: value-added tax, excise duties, etc. The paper approaches the main provisions within the contents of the European directives as well as the means of their implementation in the Romanian fiscal legislation regarding various types of taxes. The implementation of the European directives has been simultaneous with the establishing of measures concerning fiscal fraud prevention, frauds liable to have a negative impact on the state's consolidated budget.

scholarly journals NOxEmission Trading in a European Context: Discussion of the Economic, Legal, and Cultural Aspects

2001 ◽  
Vol 1 ◽  
pp. 958-967
Author(s):  
Chris P.A. Dekkers
Keyword(s):  
Emission Trading ◽  
Legal Framework ◽  
European Context ◽  
Cultural Aspects ◽  
New Instrument ◽  
Other Substances ◽  
Eu Directives ◽  
Trading Scheme ◽  
Legislative Structure ◽  
The Eu

Emission trading is a new instrument in environmental policy. It is an alien notion in most European countries and it is often viewed with hesitation. The paper discusses the economic, legal, and perhaps more importantly, the cultural aspects to consider when one tries to explore the prospects for trading emissions of NOXand other substances in Europe. Issues to be addressed are the present legal framework in Europe in relation to the national emission ceilings on NOXand other substances on the basis of relevant EU directives and UNECE protocols. The paper will discuss the extent to which the legal framework within the EU imposes constraints on the design of a national emission trading scheme, and what options are available to fit emission trading into that legislative structure. The NOXemission trading programme developed in the Netherlands will be used to demonstrate the various aspects in a European context.

The Purpose of the EU Procurement Directives: Ends, Means and the Implications for National Regulatory Space for Commercial and Horizontal Procurement Policies

2012 ◽  
Vol 14 ◽  
pp. 1-47 ◽  
Author(s):  
Sue Arrowsmith
Keyword(s):  
Public Procurement ◽  
National Policy ◽  
Legal Framework ◽  
The Public ◽  
Public Market ◽  
Barriers To Access ◽  
Environmental Objectives ◽  
Clear Vision ◽  
The Eu ◽  
Do So

AbstractThere currently appears to be considerable confusion amongst regulators and stakeholders over the purpose of the EU’s directives on public procurement and lack of a clear vision of what the directives seek to achieve. Against this background this article has two objectives. First, it seeks to provide a framework for understanding the directives’ functions and their relationship with national policy. In this respect it identifies the ends and means that the directives do, or could, adopt and/or which have been ascribed to them, and considers the implications of each for national regulatory space. Secondly, for each of the ends and means it suggests a specific legal interpretation of its actual and potential role in the EU’s legal framework.It is argued that the directives seek to promote the internal market and that they seek to do so solely by three means—prohibiting discrimination, implementing transparency, and removing barriers to access. It rejects, on the other hand, certain broader conceptions of the directives, including that they promote a single market by standardising procedures; that they replicate in the public market the competitive process of the private market; and that they seek value for taxpayers’ money. It is argued that rejection of these broader functions has important implications for the scope of national regulatory space, both as regards the ‘commercial’ aspects of public procurement—notably ensuring value for money and an efficient procurement process—and as regards ‘horizontal’ policies in the sense of policies that promote social and environmental objectives through public procurement.

The Risks of Emergencies in Public Procurement

2013 ◽  
Vol 31 (1) ◽  
pp. 129-144
Author(s):  
Gabriella M. Racca
Keyword(s):  
Natural Disasters ◽  
New Technologies ◽  
Public Procurement ◽  
European Directives ◽  
Italian Experience ◽  
Public Contracts ◽  
Prompt Response

Abstract Natural disasters, catastrophes or other exceptional events normally require a prompt response. Unpredictable urgency permits derogations of competitive procedures for the award of public contracts according to the European Directives. Such possibility has often been interpreted extensively and has led to a wide discretion and the risk of abuses and corruption. The Italian experience in the emergency public procurement sector highlighted that the recourse to derogations involved several infringements of national and European principles. The most efficient way to react to emergency is to provide in advance the organisational and contractual instruments to define the response to emergencies situations, avoiding undue derogations. Moreover new technologies permit an effective monitoring of the quality of the interventions avoiding waste and assuring the best quality for users, taxpayers and citizens.

Access to the Market and the Transparency as Principles of Public Procurement in the Legal Environment of the EU Neighbourhood Policy

2018 ◽  
Vol 18 (2) ◽  
pp. 218-236
Author(s):  
Ondrej Blažo ◽  
Hana Kováčiková
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
International Agreements ◽  
Legal Environment ◽  
Eu Law ◽  
Legal Basis ◽  
The Third ◽  
Eu Directives ◽  
Eu Neighbourhood Policy ◽  
The Eu

Abstract The authors confront complexness and rigour of EU directives on public procurement vis-à-vis broad wording of international agreements concluded within EU neighbourhood policy. The firs reason for this comparison is ongoing spread of prin­ciples of the EU law to the third countries. The second reason is that both rely on the same goals: access to market ad fair environment via transparency because these prin­ciples constitute a subtle legal basis for public procurement legislation at all. Finally, these approaches were compared to the approaches employed in recent FTAs - CETA and EUSFTA. This paper is an output in a project granted by APVV-17-0641: Improvement of effective­ness of legal regulation of public procurement within EU law context

scholarly journals Legislative framework of in-house procurement

2019 ◽  
Vol 68 ◽  
pp. 01026
Author(s):  
Anatolijs Krivins
Keyword(s):  
Adam Smith ◽  
Public Procurement ◽  
John Maynard Keynes ◽  
Free Competition ◽  
Eu Directive ◽  
Legislative Framework ◽  
Eu Directives ◽  
Main Ideas ◽  
David Ricardo ◽  
The Eu

The article “Legislative Framework of In-house Procurement” examines the importance of the concept of the in-house transactions in Public Procurement. The purpose of the work is to analyse the Legislative Framework from the perspective of the principle of free competition. The study of free competition is based on works and the main ideas of the following authors: Adam Smith, Jean-Baptiste Say, David Ricardo, Thomas Robert Malthus, John Stuart Mill, John Maynard Keynes, Friedrich August von Hayek and Milton Friedman. Having done the analysis of the EU directives and regulations concerning In-house Procurement (Directive 2014/24/EU; Directive 2014/25/EU; Directive 2013/34/EU; Case C-107/98, Case C-26/03, Case C-84/03, Case C-295/05, Case C-480/06, Case C-324/07, Case C-573/07, Case C-196/08, Case C182/11 and C183/11), as well as normative regulations of several countries, the author made a conclusion, that In-house Procurement contains considerable threats to the principle of free competition in Public Procurement. In-house Procurement contains considerable threats to the principle of free competition in Public Procurement. The data obtained confirm this hypothesis. The results obtained allow us to develop recommendations for the Legislative Framework of In-house Procurement. The results of the research can be used by procurement theoreticians and practitioners.

scholarly journals Public Procurement of Innovation A Cultural Challenge

2019 ◽  
Vol 1 (2) ◽  
pp. 7-18
Author(s):  
Luís Valadares Tavares
Keyword(s):  
Sustainable Development ◽  
Public Procurement ◽  
Public Policies ◽  
Legal Framework ◽  
Legal Traditions ◽  
Eu Directives

The promotion of innovation is a key objective of modern public policies promoting sustainable development and public procurement of innovation can be considered as a strategic instrument of such policies as it is clearly expressed by the recent EU Directives on public procurement. The concept and the requirements of public procurement of innovation (PPI) are studied in this paper identifying traditional obstacles to its dissemination and suggesting several initiatives allowing an easier application of this concept compromising legal traditions with innovative rules. Special attention is given to the new Portuguese legal framework transposing 2014 Directives focusing on its new potential but also on shortcomings that should be corrected shortly.

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