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 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.

Green Public Procurement

2019 ◽  
pp. 136-160
Author(s):  
Carmen Lenuta Trica ◽  
Luminita Ghita
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
The Public ◽  
Green Procurement ◽  
Product Categories ◽  
Legal Provisions ◽  
Green Public Procurement ◽  
Environmental Requirements ◽  
Procurement Contracts

At present, legal provisions and environmental policy regulate the possibilities of using environmental considerations in the development of award criteria, as well as in the performance clauses of procurement contracts. The first part of the chapter analyzes the concept of green procurement and product categories for which green procurement can be used. The second part of the chapter presents the benefits of using green procurement. The third part of the chapter will include assessing the progress and impact of using green procurement. The fourth part of the chapter analyzes the legal framework for public procurement in Romania, as well as the capacity of the market to offer and develop products and services that include minimum environmental requirements and criteria. In the fifth part of the chapter, the authors analyze the possibility of implementing a mechanism for the operation and implementation of the legal provisions in Romania in order to improve the quality of the services and optimize the costs of the 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.

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.

scholarly journals The transposition of the 2014 EU Directives on public procurement by Portugal: woes and expectations

2018 ◽  
Vol 1 (1) ◽  
pp. 33-44
Author(s):  
Luís Valadares Tavares
Keyword(s):  
Public Administration ◽  
Environmental Sustainability ◽  
Public Procurement ◽  
Legal Framework ◽  
New Approach ◽  
Public Markets ◽  
The Public ◽  
Administration Culture ◽  
Eu Directives ◽  
Negative Impacts

The new EU Directives on Public Procurement are oriented to promote the application of the concept of strategic public procurement which has been subject to several communications and discussions promoted by the European Commission and European Parliament. This new approach to Public Procurement has deep implications in the legal framework adopted by each Member State as well as in the public administration culture and organization in order that the new objectives of promoting the qualification of markets, the increase of innovation, the respect by social cohesion and environmental sustainability and a better access to public markets by SME’s will be achieved aligned with the UE 2020 Agenda. In this paper, the process and the results of the transposition of this Directives by Portugal are studied not just in terms of the respect for the Directives rules but also considering its likely positive and negative impacts on Portuguese public markets which are also synthetically described herein.

scholarly journals PUBLIC CONTRACTS IN HOLDING COMPANIES OPERATING IN THE CONSTRUCTION INDUSTRY – A CASE OF THE CZECH REPUBLIC

2021 ◽  
Vol 22 (2) ◽  
pp. 267-276
Author(s):  
Karel Brychta
Keyword(s):  
Cluster Analysis ◽  
Czech Republic ◽  
Public Procurement ◽  
Conclusive Evidence ◽  
Point Of View ◽  
The Czech Republic ◽  
Holding Companies ◽  
Open Procedure ◽  
Public Contracts ◽  
Procurement Contracts

This paper is produced as an exploratory study with the aim of carrying out a taxonomy of construction companies operating in the Czech Republic, taking into account the type and number of concluded public procurement contracts. In processing the multidimensional matrix describing the companies, a cluster analysis was used to identify the dependence between the set of variables. Results of the analysis suggest that the prevailing types of public procurement procedures include negotiated procedure without prior publications, open procedure and simplified below-threshold procedure, while from the point of view of the contracted value, the open procedure is of the highest importance. As for the cluster analysis conducted for the types of public procurement analysis, one can conclude that there is a relation between the number of public contracts concluded and the scope of the types. On the other hand, the extension of the conducted cluster analysis did not provide any conclusive evidence regarding the relationship between the types of public procurement contracts and the types of holding structures. Such a study has not been realised in the Czech Republic yet. Thus, the results of this study provide a background for research in the area of public procurement in the Czech Republic. Some potential research questions have been stated in the discussion part of the paper.

Another One Bites the Dust: Recurrent Procurement Contracts in the Czech Republic

2019 ◽  
Vol 25 (4) ◽  
pp. 365-385
Author(s):  
Michal Plaček ◽  
Jana Soukopová ◽  
Gabriela Vaceková ◽  
František Ochrana ◽  
Martin Schmidt
Keyword(s):  
Czech Republic ◽  
General Model ◽  
Public Procurement ◽  
Econometric Models ◽  
Public Works ◽  
The Czech Republic ◽  
Independent Variables ◽  
Public Contracts ◽  
Procurement Contracts ◽  
Complex Dataset

This article deals with the phenomenon of repeated contracts, specifically the effect of trust in public contracts. Our main objective is to identify the factors that influence the concluding of repeated contracts and to verify whether repeated contracts lead to increases in prices. We use a complex dataset of public procurement of municipalities in the Czech Republic for the period of 2014-2017, which covers more than 4,000 public contracts. This range of data allows a larger number of variables to be applied, including specific independent variables concerning municipalities, such as the size of the municipality. The data allow us to study this subject by means of both a general model tested on all public contracts and a partial model applied to public works. The presented results of quantitative econometric models from the data obtained from the awards of public contracts in the municipalities of the Czech Republic show that the fact of whether it was a repeated contract or a contract performed by a new (unknown to a contracting authority) supplier affected the chance of winning a contract.

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 Implementation of New EU Directives Coordinating the Procedures for Awarding Public Contracts in European Union Member States: The Example of Poland

2020 ◽  
Vol 65 (1) ◽  
pp. 133-154
Author(s):  
Joanna Radwanowicz-Wanczewska
Keyword(s):  
European Union ◽  
Union Member ◽  
Energy Transport ◽  
Public Procurement ◽  
European Parliament ◽  
The European Union ◽  
Member States ◽  
Eu Directives ◽  
Public Contracts ◽  
European Union Member States

Abstract This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect.

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