Suchergebnisse

On 20 December 2011 the European Commission published its proposals for two new procedural directives on public procurement, one to replace Public Sector Directive 2004/18 and one to replace Utilities Directive 2004/17, with the stated aims of "simplification" and "flexibilisation" (sic) of the rules to improve value for money. However, following the pattern of the previous reforms in 2004, whilst the proposals do indeed provide for some additional flexibility, they have at the same time in many respects introduced more rigidity and burdensome requirements for Member States. Furthermore, these and other changes proposed will result in a set of rules which is vastly more complex than the current regime that the proposals purport to simplify.In this context, this article proposes a simple blueprint for reforming the directives to in the shape of a single directive for all regulated contracts that is based on the Utilities Directive, although with some modifications. Such an approach will afford the flexibility necessary for Member State to promote their own procurement policies, including value for money, in an appropriate way - in particular, it will allow Member States to authorise use of procedures involving negotiation, allow them to take account of the significant benefits of qualification systems, and facilitate cost-effective approaches to advertising contracts. Further, it will greatly reduce the complexities and uncertainties that apply under the current regulatory regime. This will result both from the greater simplicity of the content of the utilities rules as compared with the rules that apply under the other directives, and from the very existence of a single regime, which, inter alia, will eliminate the need to operate under multiple regimes and to determine the boundaries between them. Thus this approach will promote both the flexibility and simplification objective of the current reform agenda whilst at the same, it is submitted, providing a suitable framework of rules for promoting the single ...

Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa

Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa

Competitive dialogue in EU law : a critical review / Sue Arrowsmith and Steen Treumer -- An analysis of use of competitive dialogue in the EU / Sylvia de Mars and Richard Craven -- Competitive dialogue in the United Kingdom / Sue Arrowsmith and Richard Craven -- Competitive dialogue in France / Sylvia de Mars and Frederique Olivier -- Competitive dialogue in Germany / Martin Burgi -- Competitive dialogue in Denmark / Steen Treumer -- Competitive dialogue in Portugal / Pedro Telles -- Competitive dialogue in Spain / Pedro Telles -- Competitive dialogue in Poland / Anna Gorzynska -- Competitive dialogue in Lithuania / Deividas Solvickias -- Competitive dialogue in Italy / Gabriella Racca and Dario Casalini -- Competitive dialogue in the Netherlands / Jacobien Muntz-Beekhuis and Marijke Nagelkerke.

Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis

In developing public procurement policy, governments are often concerned not only with value for money but also with promoting their social and environmental objectives. However, imposing social and environmental requirements makes it harder for some suppliers to participate in public procurement. EC law thus limits the ability of national governments to implement such policies. But how should the balance be struck between these trade concerns and the desire of national governments to use procurement as a policy tool? And should the EC even harness Member States' procurement power to EC-wide objectives, such as green energy policy? Despite the new provisions included in the EC's new (2004) procurement directives, important issues remain unresolved. This volume focusses on new issues in the field, notably the innovative provisions in the new directives, new academic thinking and areas neglected in the debate, such as the impact of EC law on the CSR policies of private utilities

Public procurement regulation in (a) crisis? General introduction / Sue Arrowsmith, Luke RA Butler and Annamaria La Chimia -- The approach to emergency procurement in the uncitral model law : a critical appraisal in light of the COVID-19 Pandemic / Sue Arrowsmith -- Recommendations for urgent procurement in the EU directives and GPA : COVID-19 and beyond / Sue Arrowsmith -- Regulating single-source procurement in emergency situations in light of the COVID-19 pandemic : issues in policy and practice / Luke RA Butler -- The challenges of constructing a supplier review system for urgent procurement : an analysis in the context of the UNCITRAL framework / Caroline Nicholas and Sue Arrowsmith -- The EU's joint procurement agreement in light of COVID-19 : learning the correct lessons from the pandemic and identifying actions for improvement / Aris Georgopoulos -- Competition policy in relation to public procurement : an essential element of the policy framework for addressing COVID-19 / Robert D Anderson, William E Kovacic and Antonella Salgueiro -- The trade and government procurement policy nexus : before and after the COVID-19 Pandemic / Simon J Evenett -- The rise of resilience in addressing COVID-19 procurement challenges and the impact of international trade-related instruments on countries' freedom of action / Peter Trepte -- Legal aspects of the procurement and distribution of critical COVID-19 supplies by international organisations : UNOPS / Benedetta Audia and Ary Bobrow -- Procurement and distribution of critical COVID-19 supplies by international organisations : The World Bank / Shaun Moss -- Procurement and distribution of critical COVID-19 supplies : the experience of USAID / Jun Jin and Mary McLaughlin -- The procurement of a COVID-19 vaccine in developing countries : lessons from the 2009 H1N1 Pandemic / Mark Eccleston-Turner and Harry Upton -- Emergency procurement and responses to COVID-19 : The Case of Italy / Gian Luigi Albano and Annamaria La Chimia -- Emergency procurement and regulatory responses to COVID-19 : The Case of the United Kingdom / Sue Arrowsmith and Luke RA Butler -- Emergency procurement and responses to COVID-19 : The Case of the US / Christopher R Yukins -- Emergency procurement and responses to COVID-19 : The Case of Brazil / Marçal Justen Filho and Cesar Pereira -- Emergency procurement and responses to COVID-19 : The Case of Colombia / Sebastián Barreto Cifuentes -- Emergency procurement and responses to COVID-19 : The Case of India / Sandeep Verma -- Emergency procurement and responses to COVID-19 : The Case of Singapore / Henry Gao -- Emergency procurement and responses to COVID-19 : The Case of China / Ping Wang and Ke Ren -- Emergency procurement and responses to COVID-19 in Africa : The Contrasting Cases of South Africa and Nigeria / Geo Quinot, Sope Williams-Elegbe and Kingsley Tochi Udeh -- Emergency procurement : the role of big open data / Mihaly Fazekas and Alfredo Hernández Sánchez -- The experiences and lessons of the COVID-19 Pandemic : public procurement regulation in (a) crisis? / Sue Arrowsmith and Luke RA Butler.