Strengthening the Effectiveness of Exclusion Mechanism in Public Procurement: A Comparative Legal Study Between Indonesia and The Netherlands

Author(s):  
Richo Andi Wibowo
Author(s):  
John W Cairns

This chapter considers the experience of one Scottish student in the Netherlands, specifically the education of Sir David Dalrymple, third Baronet of Hailes (1726–1792). Unusually for a Scots lawyer of his era, he was educated at Eton and was admitted to the Middle Temple on August 8, 1744. In 1745 he moved to study at the University of Utrecht, remaining there until 1747. After public defence of his theses on February 20, 1748, he was admitted to the Faculty of Advocates in Edinburgh on February 24. He was elevated to the Bench of the Court of Session in 1766, taking the judicial title of Lord Hailes. In 1776 he was also appointed one of the Commissioners of the Justiciary Court. Hailes is best remembered, however, for his work as an historian, particularly of the Middle Ages in Scotland.


2020 ◽  
Vol 27 (2) ◽  
pp. 158-177
Author(s):  
Gijs van Dijck ◽  
Ruben Hollemans ◽  
Monika Maśnicka ◽  
Catarina Frade ◽  
Lorenzo Benedetti ◽  
...  

This article reports the results of a comparative empirical legal study that analyzed (1) strategic behaviour by actors in insolvencies that is salient to insolvency judges and (2) how insolvency judges respond to such behaviour. After examining four different European countries, namely Italy, the Netherlands, Poland, and Portugal, the study reveals how differences regarding case allocation, judge – insolvency practitioner (IP) interaction, and remuneration and case financing can result in strategic behaviour on both the side of the judges and the IPs. From this, it follows that improving the efficiency and effectiveness is not merely a matter of implementing legislation and case law, but that it also requires a look into the dynamics between insolvency judges, IPs, and other actors in the insolvency process.


2021 ◽  
Vol 13 (3) ◽  
pp. 1448
Author(s):  
Fatima Hafsa ◽  
Nicole Darnall ◽  
Stuart Bretschneider

Public procurement, the government’s purchase of goods and services, is an important tool to advance sustainability objectives. Since government is the largest consumer in the economy, it can have a sizable impact on the market by purchasing sustainably. However, its sustainability impact (both environmental and social) is undermined because the public procurement’s size is underestimated. Previous estimates of public procurement only consider contract-based purchases or non-defense purchases. In other instances, data are too limited to estimate government purchases appropriately. These factors lead to underestimations of the extent to which government purchasing can be leveraged to advance sustainability objectives. To understand the true impact of government purchases, we estimated the size of public procurement by considering all aspects of public procurement. We used this estimation to assess whether current measurement processes misrepresent the size of public procurement and identify key elements that may be missing from the current public procurement measures. We applied our estimate to four OECD countries, the U.S., the U.K., Italy, and the Netherlands for two years (2017 and 2018). Our results showed that that across all levels of government, public procurement as a percentage of GDP in the U.S., the U.K., Italy, and the Netherlands ranged between 19–24%, 13–56%, 3–10%, and 12–38%, respectively. Our findings revealed that governments have substantially greater market power than previously estimated, which can be leveraged to pursue sustainability goals. Our findings also illustrate systemic data challenges to how public procurement data are collected and analyzed.


2020 ◽  
Vol 22 (3) ◽  
pp. 427-455
Author(s):  
Ruben I. Timmerman ◽  
Arjen Leerkes ◽  
Richard Staring ◽  
Nicola Delvino

Abstract Real and perceived risks of deportation may compromise the effective right of irregular migrants to report to the police if they have been a victim of crime. Some localities have therefore introduced so-called ‘firewall protection’, providing a clear separation between the provision of public services and immigration enforcement. This article explores one such policy in the Netherlands: ‘free in, free out’. While the policy began as a local pilot project, in 2015 it was introduced at the national-level alongside implementation of EU Victim’s Rights Directive, and currently represents the only national-level example of ‘firewall protection’ for victims of crime in Europe. This article is based on a socio-legal study that included interviews with informants from governmental and non-governmental organisations. It documents the legal and social reasons for instituting the policy, while critically assessing the challenges in implementation. Finally, it discusses the lessons and opportunities for expanding firewall protection more broadly in a European context.


2020 ◽  
Vol 20 (4) ◽  
pp. 333-375
Author(s):  
Lela Mélon ◽  
Rok Spruk

Purpose Because of the renewed interest in public purchasing and the strategic use of public funds under the requirements of sustainable development, the question arose once again as to how to curb the fall of institutional quality once criteria other than price are inserted into the decision-making in public purchasing. E-procurement has been repeatedly named as one of the most efficient tools to that effect and the present paper sets out to discover whether the implementation of e-procurement in a particular country per se entails also higher institutional quality, allowing for a wider implementation of green and sustainable procurement at the national, regional and municipal level without the fear of worsening the country’s institutional quality. By analyzing the implementation of e-procurement in Denmark, the Netherlands and in Portugal, this paper aims to verify the hypothesis that the implementation of e-procurement implies better institutions in terms of public purchasing. As such, the conclusions will be used in further research on the prerequisites for a successful implementation of green public procurement across the European Union. Design/methodology/approach Gathering data on institutional quality of three early e-procurement adopters (Denmark, the Netherlands and Portugal) allows for comparison of institutional quality pre- and post-e-procurement implementation. By using difference-in-differences comparison the paper seeks to answer the question how doesmandatory e-procurement influence institutional quality on the national level. Findings The paper finds that the reform is generally associated with a relatively stronger control of corruption in the Netherlands and Denmark, while a similar reform in Portugal failed to translate into a stronger control of corruption. Furthermore, while using the quality of regulation as a dependent variable, a positive and robust effect on the quality of regulation in Denmark was shown, while the quality of reputation in the Netherlands and Portugal declined in the post-reform period, with the drop in the quality of regulation in Portugal being considerably greater, a two-fold higher amount than the estimated drop in the Netherlands. The paper suggests that in spite of the same aims, the reform yielded substantially different or even opposing effects compared to Denmark. Research limitations/implications By examining three examples of early adopters, further research with broader impact is needed to deduce general implications for e-procurement implementation. Furthermore, implementation of e-procurement at the regional or local level can also yield distinct results. Social implications Understanding the actual impact of e-procurement on institutional quality is indispensable for further study on the matter. The present study argues that e-procurement needs to be accompanied by additional measures or variables to yield a positive impact on institutional quality in public procurement. Originality/value As to originality, the present paper uses a law and economics approach, originating or better said drawing motivation from green public procurement concerns, trying to provide an insight in terms of tools that can be used to eliminate concerns regarding institutional quality when implementing green public procurement practices.


2019 ◽  
Author(s):  
Simon Schoenmaker

Today, public procurement is a well-known instrument of action and control used by the state and a part of public commercial law that is well developed in theoretical terms. The historical genesis of the award procedure has so far been insufficiently dealt with, with above all the transnational genesis of the procedure not yet having been researched. It can be assumed that the regulatory problem of public procurement, that is, the procurement of goods for self-sufficiency and the fulfilment of public tasks, arose for rulers and sovereigns in every historical epoch. Simon Schoenmaker addresses the aforementioned gap in research and chooses a comparative legal approach in the German-speaking world for his historical analysis. Due to their territorial and economic links to Germany, Austria and Switzerland, the author also includes the developments in France and the Netherlands in this regard. He examines the regulations in the respective epochs in detail and identifies overarching links between them and the countries in question.


Sign in / Sign up

Export Citation Format

Share Document