Disclosure rules in eu public procurement: Balancing between competition and transparency

2017 ◽  
Vol 16 (4) ◽  
pp. 528-553 ◽  
Author(s):  
Kirsi-Maria Halonen
Keyword(s):  
Public Procurement ◽  
Eu Law ◽  
Member States ◽  
Competitive Effects ◽  
Eu Member States ◽  
Legal Remedies ◽  
Disclosure Of Information ◽  
Disclosure Rules ◽  
Procurement Procedure ◽  
The Eu

The paper examines the disclosure of information within public contract awards under EU law. EU Public Procurement rules have several objectives that may at some times be conflicting with each other. A certain level of transparency of public procurement procedure is necessary in order to fight corruption, enhance trade opportunities and ensure effective legal remedies. On the other hand, too much transparency may have certain anti-competitive effects. The national laws regarding disclosure of information vary in different EU member states. In Finland the EU law principle of effective remedies has been interpreted as requiring full transparency among the bidders. The transparency rules under EU law and certain Member States' national laws are analysed. As a conclusion, it is suggested that the rules on disclosure should not be left solely to the discretion of member states as the over-transparent approach taken by certain member states may negatively affect the markets both on a national and EU level.

scholarly journals PECULIARITIES OF PUBLIC PROCUREMENT DEVELOPMENT IN UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION

2021 ◽  
Author(s):  
Eduard Yurii ◽  
Viktoriia Yuziuk
Keyword(s):  
Public Procurement ◽  
Supply And Demand ◽  
Main Task ◽  
Eu Countries ◽  
Eu Member States ◽  
Effective System ◽  
Procurement Reform ◽  
The Law ◽  
Procurement Procedure ◽  
The Eu

The article examines the features of public procurement in Ukraine and their compliance with EU standards, the factors that affect their effectiveness. The problems of tender purchases that exist in Ukraine during the process are considered. The changes that took place in the implementation of procurement after the introduction in 2020 of a new version of the Law of Ukraine "On Public Procurement" are assessed. A detailed description of Poland's experience in public procurement is provided. The number and types of contracts concluded during procurement are analyzed. The main existing shortcomings in the field of public procurement, ways to solve and improve them are considered. The key EU rules on public procurement to be used in Ukraine have been identified. It was established that it is important to bring the mechanism of public procurement in Ukraine closer to the EU requirements, which will allow our country to raise the issue of joining this organization in the future. The purpose of the article is to analyze the features and problems of public procurement in Ukraine and find ways to overcome them. The main task of reforming the sphere of public finances in our country is to introduce an effective mechanism for the use of public procurement in accordance with the principles and approaches applied by EU countries, which should ensure financial efficiency and transparency of the procurement procedure. Public procurement is one of the tools to regulate supply and demand for specific publications. To increase the transparency and efficiency of use in our country, it is necessary to study the experience of EU member states, especially Poland. Analysis of the experience of public procurement in the EU will be able to identify effective approaches to their implementation in Ukraine, thanks to the main tasks of public procurement reform in our country will introduce an effective system in accordance with the principles and approaches used by EU countries. It is necessary to investigate the change that has taken place in public procurement after the introduction in 2020 of a new version of the Law of Ukraine "On Public Procurement", there are both positive and negative aspects that are due to the existence of corruption schemes in tenders.

Higher Education, Equal Access, and Residence Conditions: Does EU Law Allow Member States to Charge Higher Fees to Students Not Previously Resident?

2005 ◽  
Vol 12 (3) ◽  
pp. 227-240 ◽  
Author(s):  
Gareth Davies
Keyword(s):  
Higher Education ◽  
Case Law ◽  
Social Effects ◽  
Eu Law ◽  
Financial Benefit ◽  
Member States ◽  
Policy Issues ◽  
Eu Member States ◽  
Law And Policy ◽  
The Eu

This article looks at the law and policy issues surrounding the practice of charging uniform fees for higher education to home students and students coming from other EU Member States. It begins with the observation that within the EU such fees are heavily subsidised by governments and therefore amount to a financial benefit (or a disguised grant) to students. In the light of this, this article suggests that restricting that subsidy to students resident prior to their studies would be not only compatible with recent case law on non-discrimination but would also fit better with the underlying logic of free movement, which denies any right to benefits for non-economic recent migrants. Secondly, it looks at the policy, and finds that while equal fees have a number of very positive social effects, they also carry moral and economic risks. A better approach, less distorting of the market for higher education and more consistent with the wider EU approach to welfare migration, might be to require exportability of subsidies from the student's state of origin.

scholarly journals Joined Cases A. K. v. Krajowa Rada Sądownictwa (C-585/18) and CP (C-624/18), DO (C-625/18) v. Sąd Najwyższy (C.J.E.U.)

2020 ◽  
Vol 59 (3) ◽  
pp. 459-486
Author(s):  
Joelle Grogan
Keyword(s):  
Judicial Independence ◽  
Eu Law ◽  
European Standard ◽  
Current Case ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
Judicial Protection ◽  
National Measure ◽  
The Eu

Joined Cases C-585/18, C-624/18, and C-625/18 concerning the independence of the Disciplinary Chamber of the Sąd Najwyższy (Polish Supreme Court) is the latest in a series of European Union (EU) Member States requesting the Court of Justice of the EU (CJEU) to rule on the independence of their judicial systems. While the organization of justice systems within Member States is a competence of Member States (and thus not for the EU to determine or decide), the CJEU has held that Member States are nevertheless required to comply with obligations under EU law to ensure effective judicial protection and, as a necessary corollary, judicial independence. The significance of the current case lies in the formulation by the CJEU of a “European” standard of judicial independence, and its finding that national judges may set aside the jurisdiction of courts found not to be independent against that standard and to disapply any national measure (in accordance with the principle of the primacy of EU law over national law) that gives jurisdiction to a non-independent court.

Politics, Policies and Public Procurement Efficiency: A Quantitative Study of 25 European Countries

2016 ◽  
Vol 14 (3) ◽  
pp. 537-558 ◽  
Author(s):  
Milos Milosavljevic ◽  
Nemanja Milanović ◽  
Slađana Benković
Keyword(s):  
Public Procurement ◽  
The European Union ◽  
Input Output ◽  
Current Analysis ◽  
Output Analysis ◽  
Member States ◽  
Eu Member States ◽  
Output Efficiency ◽  
Cross Country ◽  
The Eu

Public procurements are accounted for nearly one fifth of Gross Domestic Product in the European Union. Accordingly, the efficiency of public procurements has received immense attention of scholars and practitioners in the last few decades, particularly in the field of measuring a cross-country efficiency among the EU Member States. Nevertheless, the extant matrix is based solely on the outputs, thus capturing only a portion of determinants affecting the efficiency. Up to date, very little has been done in comparing the input-output efficiency. This paper aims to develop a set of input and output determinants of public procurement efficiency and compare the efficiency of public procurements of EU Member States. The results indicate that the efficiency based on input-output analysis significantly differs from any current analysis of procurement efficiency.

scholarly journals National Law or EU Law

2017 ◽  
Vol 23 (2) ◽  
pp. 187-191
Author(s):  
Georgi Mihaylov
Keyword(s):  
European Union ◽  
Eu Law ◽  
European Union Law ◽  
Member States ◽  
Eu Member States ◽  
Respective State ◽  
The Eu

Abstract The article examines cases of conflict between the national law of the EU Member States and European Union Law. There is an analysis of the legal advantage of EU law over national law or vice versa. Conclusions have been drawn that the national law should maintain its advantage when the reason for it is contained in the Constitution of the respective state.

Towards an Ever Closer Union Between Residents and Citizens?

2015 ◽  
Vol 11 (01) ◽  
pp. 78-98 ◽  
Author(s):  
Michèle Finck
Keyword(s):  
European Integration ◽  
Voting Rights ◽  
The State ◽  
Eu Law ◽  
Member States ◽  
Traditional Concept ◽  
Eu Member States ◽  
Domestic Reform ◽  
The Eu

Alien suffrage in Luxembourg – The traditional concept of the electorate – Link between nationality and voting rights – From the national to the resident worker? – The decoupling of nationality and citizenship – The transformation of the state as a consequence of European integration – Comparison to other EU member states – Consequences for EU law of domestic reform – The intertwinement of constitutional spheres in the EU

scholarly journals The democratisation of European nature governance 1992–2015: introducing the comparative nature governance index

2021 ◽  
Author(s):  
Suzanne Kingston ◽  
Zizhen Wang ◽  
Edwin Alblas ◽  
Micheál Callaghan ◽  
Julie Foulon ◽  
...  
Keyword(s):  
Decision Making ◽  
Environmental Governance ◽  
Environmental Law ◽  
Eu Law ◽  
Public Authorities ◽  
Member States ◽  
Eu Member States ◽  
Aarhus Convention ◽  
Over Time ◽  
The Eu

AbstractEuropean environmental governance has radically transformed over the past two decades. While traditionally enforcement of environmental law has been the responsibility of public authorities (public authorities of the EU Member States, themselves policed by the European Commission), this paradigm has now taken a democratic turn. Led by changes in international environmental law and in particular the UNECE Aarhus Convention (UNECE, United Nations Economic Commission for Europe Convention (1998). Convention on access to information, public participation in decision-making and Access to Justice in Environmental Matters (the Aarhus Convention), signed on June 25, 1998.), EU law now gives important legal rights to members of the public and environmental non-governmental organisations (“ENGOs”) to become involved in environmental governance, by means of accessing environmental information, participating in environmental decision-making and bringing legal proceedings. While doctrinal legal and regulatory scholarship on this embrace of “bottom-up” private environmental governance is now substantial, there has been relatively little quantitative research in the field. This article represents a first step in mapping this evolution of environmental governance laws in the EU. We employ a leximetrics methodology, coding over 6000 environmental governance laws from three levels of legal sources (international, EU and national), to provide the first systematic data showing the transformation of European environmental governance regimes. We develop the Nature Governance Index (“NGI”) to measure how the enforcement tools deployed in international, EU and national law have changed over time, from the birth of the EU’s flagship nature conservation law, the 1992 Habitats Directive (Directive 92/43/EEC). At the national level, we focus on three EU Member States (France, Ireland and the Netherlands) to enable a fine-grained measurement of the changes in national nature governance laws over time. This article introduces our unique datasets and the NGI, describes the process used to collect the datasets and its limitations, and compares the evolution in laws at the international, EU and national levels over the 23-year period from 1992–2015. Our findings provide strong empirical confirmation of the democratic turn in European environmental governance, while revealing the significant divergences between legal systems that remain absent express harmonisation of the Aarhus Convention’s principles in EU law. Our data also set the foundations for future quantitative legal research, enabling deeper analysis of the relationships between the different levels of multilevel environmental governance.

scholarly journals Equal Pay and EU Public Procurement Law – Case Study of Mandatory Icelandic ÍST85 Standard

2021 ◽  
Vol 4 (1) ◽  
pp. 1-24
Author(s):  
Marta Andhov ◽  
Bergþór Bergsson
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Internal Market ◽  
Market Analysis ◽  
Eu Law ◽  
Equal Pay ◽  
Eu Member States ◽  
The Relationship ◽  
The Eu

 From 2018, it became mandatory to obtain the Icelandic Equal Pay Standard (ÍST85) for all companies with 25+ employees annually operating on the Icelandic market. It has been unclear to what extent – if any – the ÍST85 can be applied in public procurements. This article analyses whether the ÍST85 is compliant with the relevant European Union internal market law, particularly public procurement law. The growing intensity of nudges to include and verify social elements in public procurements can be observed throughout the EU. The analysis of the Islandic case study bears relevance as it can be applied to the EU Member States and other EEA/EFTA States, contemplating similar approaches in their procurements. Section 1 introduces ÍST85. Section 2 analyses the relationship between EEA and EU law, showcasing that this article's analytical outcomes provide lessons applicable beyond Iceland. Section 3 examines how equal pay is regulated under EU law. Section 4 conducts an internal market analysis of ÍST85 compliance by examining the Treaties provisions on free movement. Section 5 introduces the EU public procurement law and examines ÍST85 compliance with Directive 2014/24/EU. Section 6 tests the application of ÍST85 to the Posted Workers Directive. Section 7 concludes the article. 

EU whistleblowing rules to change in favor of whistleblowers

2020 ◽  
Vol 21 (1) ◽  
pp. 55-61
Author(s):  
Alja Poler De Zwart
Keyword(s):  
Design Methodology ◽  
Eu Law ◽  
Member States ◽  
Content Type ◽  
Eu Member States ◽  
Minimum Standards ◽  
Practical Guidance ◽  
Practical Implications ◽  
The Eu ◽  
Reporting Channels

Purpose To describe the new EU Whistleblowing Directive and its implications. Design/methodology/approach Describes organizations to which the Directive applies, the scope of reportable whistleblowing concerns, whistleblowers’ reporting channels and mechanisms, whistleblower protections, how organizations should respond to whistleblower reports and how organizations should prepare for the new rules. Findings The new Directive will require Member States to create rules for organizations with more than 50 workers, will mandate such organizations to implement whistleblowing hotlines for reporting a broad range of EU law violations, and will contain minimum standards on how to respond to and handle any concerns raised by whistleblowers. Practical implications Organizations in the EU can and should start taking initial steps to prepare for the new rules as soon as possible. There will likely be some differences among whistleblower rules in individual EU Member States. Originality/value Practical guidance from experienced corporate, technology, media, telecommunications and compliance lawyer.

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