Suchergebnisse

Defence date: 7 June 2017 ; Examining Board: Professor Giorgio Monti, EUI (Supervisor); Professor Petros Mavroidis, EUI; Professor Roberto Caranta, Università di Torino; Professor Kris Wauters, Université Catholique de Louvain-la-Neuve ; The starting point for the thesis is the problem of negative externalities public purchasing gives rise to. We argue that public procurement regulation, having as an objective the structuring of public markets for public contracts, produces the said market failure, which may adversely affect the competitive dynamics in other markets. This may cause a significant loss of social welfare. The reason why public procurement produces such negative externalities is, so we argue, due to the fact that public procurement regulation is foremost concerned with the internal dimension of public purchasing, i.e. the relationship between the public purchaser and actual and potential tenderers. However, public procurement regulation largely omits the external dimension, i.e. the effects public purchasing produces vis-à-vis markets outside the specific market for the public contract at hand. In our quest for a way to address this problem of negative externalities we argue that these externalities converge to a large extent with an 'advantage', being one of the conditions for the EU state aid prohibition (laid down in article107 (1) TFEU) to apply. Hence, we deem EU state aid law to be a valuable source of inspiration to 'enrich' public procurement regulation. Such 'enriched' public procurement regulation would be able to avoid the occurrence of the negative externalities we identified, or at least to minimise the risk of their occurrence. Examining a number of areas within EU state aid law allowed us to identify a number of principles that ensure absence of an 'advantage'. These principles constitute the basis for our 'standard for enrichment', i.e. a framework for regulatory reform as to public procurement regulation. We also apply this standard to a number of aspects of public procurement regulation. More specifically, we clarify how 'enriched' public procurement regulation would materialise as to the following aspects of public purchasing: (i) the disclosure obligation as to award criteria and their belongings, (ii) the pursuit of policy objectives through public purchasing and (iii) modifications to public contracts in the performance phase.

Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act.

Preliminary Material /Przemysław Saganek -- Introduction /Przemysław Saganek -- Unilateral Acts in International Law – Terminology and Evolution of Views /Przemysław Saganek -- Definition of Unilateral Acts /Przemysław Saganek -- Types of Unilateral Acts of States in Public International Law /Przemysław Saganek -- Validity of Unilateral Acts /Przemysław Saganek -- Individual Actions of States Regulated by the Law of Treaties and the Notion of Unilateral Acts of States /Przemysław Saganek -- Unilateral Acts and Territory /Przemysław Saganek -- Norms of International Law Dealing with Possible Unilateral Acts of States Pertaining to Individuals /Przemysław Saganek -- Diplomacy and Unilateral Acts of States /Przemysław Saganek -- Norms Connected with the Use of Force and Unilateral Acts of States /Przemysław Saganek -- Is it Possible to Create Obligations by the Means of Unilateral Declarations? /Przemysław Saganek -- The Nature and Characteristics of Unilateral Promise /Przemysław Saganek -- Legal Problems of Recognition /Przemysław Saganek -- Recognition as a Type of Legal Act /Przemysław Saganek -- Is Recognition a Unilateral Act by Definition? /Przemysław Saganek -- Waiver in Public International Law /Przemysław Saganek -- Protest in International Law /Przemysław Saganek -- Final conclusions /Przemysław Saganek -- Bibliography /Przemysław Saganek -- Index /Przemysław Saganek.