scholarly journals Corruption: Profile of political companies in Romania

2015 ◽  
Vol 65 (s1) ◽  
pp. 65-82 ◽  
Author(s):  
Daniela Pirvu
Keyword(s):  
Political Parties ◽  
Empirical Evidence ◽  
Public Procurement ◽  
European Level ◽  
Theoretical Level ◽  
The Public ◽  
The Subject ◽  
Procurement Contracts ◽  
Public Contract

The subject of the paper is related to the tainting of the public contract award process and the consequences generated by it: corruption in public procurement, which is a major problem of the Romanian economy, recognised and pointed out both at the national and at the European level. The study provides empirical evidence that between 2009–2013 there were many companies that repeatedly win public procurement contracts and do business only (or almost only) with the local and central authorities (contracting authorities who represent the interests of political parties). At the theoretical level, the profile of these companies, called political companies, is identified.

scholarly journals Transforming Public Procurement Contracts Into Smart Contracts

2021 ◽  
pp. 1380-1394
Author(s):  
Pauline Debono
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Smart Contracts ◽  
Procurement Process ◽  
The Public ◽  
Smart Contract ◽  
Procurement Contracts ◽  
Public Contract

The terms governing the provision of supplies, services, or works by an economic operator to a governmental entity are set into a public contract that is signed, following a procurement process. This article explores whether the public administration can utilise smart contracts to incorporate the terms governing the provision of supplies, services, or works. The fundamental elements of a contract are assessed, in order to determine whether a smart contract can be considered as fulfilling these requirements. Following this assessment, the main hurdles to the use of smart contracting are examined and a possible solution proposed. The case for utilising smart contracting within the realm of public procurement is finally advocated.

scholarly journals Transforming Public Procurement Contracts Into Smart Contracts

2019 ◽  
Vol 10 (2) ◽  
pp. 16-28 ◽  
Author(s):  
Pauline Debono
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Smart Contracts ◽  
Procurement Process ◽  
The Public ◽  
Smart Contract ◽  
Procurement Contracts ◽  
Public Contract

The terms governing the provision of supplies, services, or works by an economic operator to a governmental entity are set into a public contract that is signed, following a procurement process. This article explores whether the public administration can utilise smart contracts to incorporate the terms governing the provision of supplies, services, or works. The fundamental elements of a contract are assessed, in order to determine whether a smart contract can be considered as fulfilling these requirements. Following this assessment, the main hurdles to the use of smart contracting are examined and a possible solution proposed. The case for utilising smart contracting within the realm of public procurement is finally advocated.

scholarly journals ARBITRATION OF THE DISPUTES IN CONNECTION WITH PUBLIC PROCUREMENT CONTRACTS IN BOSNIA AND HERZEGOVINA

2021 ◽  
pp. 65-72
Author(s):  
Z. Grbo
Keyword(s):  
Bosnia And Herzegovina ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legal Nature ◽  
Arbitration Procedure ◽  
Procurement Contracts

In the article, the author analyses the possibilities of using arbitration procedure to settle disputes arising from the conclusion of a public procurement contract in Bosnia and Herzegovina. The author studies the nature of the public procurement contract and concludes that this contract is of a private legal nature, so the resolution of disputes related to the execution of the contract is possible in arbitration proceedings.

THE PEDIATRICIAN AND THE PUBLIC

PEDIATRICS ◽  
1951 ◽  
Vol 7 (2) ◽  
pp. 247-258
Author(s):  
JORGEN S. DICH
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Basic Needs ◽  
Modern Society ◽  
Social Medicine ◽  
Personal Freedom ◽  
The Public ◽  
Political Bias ◽  
The Subject ◽  
The Right

The subject of this talk concerns social medicine in the Scandinavian countries, not socialized medicine. The term socialized medicine has a political bias which is not in conformity with the conception of social medicine in Scandinavia. Every step in the development of the Scandinavian social medicine program has been adopted unanimously by all parties, irrespective of their attitudes toward socialism itself. Political parties have advocated liberalism and opposed socialism with the same ardor with which they have supported the expansion of social medicine. In Scandinavia, therefore, it is not necessary to advise us to "Keep politics out of this picture." Politics have always been omitted, even to the extent that a phrase corresponding to the American "socialized medicine" has never been used in Scandinavia. And if you were to try introducing it, it would not be understood. What is social medicine? It can be defined as an organization of the medical services according to a certain conception of individual or human rights and public obligations in a modern society. In all countries it is accepted that there are some basic needs which everyone has the right to satisfy, irrespective of income. Protection of personal freedom belongs to this group; so does education of the children.

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.

What’s Wrong with Institutions? A Short History of the Clash between IRAs and Turkish Populists

Populism ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 146-171
Author(s):  
Emre Balıkçı
Keyword(s):  
Public Procurement ◽  
Economic Effects ◽  
The Political ◽  
Ordinary People ◽  
Short History ◽  
Political Will ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
Neoliberal Policies

AbstractThe aim of this article is to reveal the institutional dimensions of populism, which tend to be ignored because of the hegemony of economic analysis of the subject. Whereas many researchers assume that populism is a result of the negative economic effects of neoliberal policies on the middle class, I argue that populism is also a corollary of neoliberal institutions’ effect on the political power of so-called ordinary people. To illustrate this, I focus on the rhetoric of Turkish populists concerning two important economic institutions in Turkey: the Public Procurement Authority and the Central Bank. This examination shows that Turkish populists view the independent institutions of neoliberalism as a barrier against the people’s political will and define themselves as fighters for democracy.

scholarly journals The efficiency of electronic public procurement system in Ukraine

2018 ◽  
Vol 7 (3) ◽  
pp. 43-55 ◽  
Author(s):  
Inna Shkolnyk ◽  
Alina Bukhtiarova ◽  
Ludmyla Horobets
Keyword(s):  
Granger Causality ◽  
Public Procurement ◽  
Quantitative Characteristic ◽  
Developed Countries ◽  
The Public ◽  
Long Time ◽  
Legislative Framework ◽  
The Subject ◽  
Definition Of ◽  
Procurement System

Public procurement has been the subject of research for a long time in the work of scientists from both the economically developed countries and those undergoing the transformation of public finances. Their research comes from different points of view, namely from the essence of the definition, the process of their conduct, the problems of the legislative framework to their effective implementation. In addition, the issue of electronic public procurement, which can greatly enhance the transparency of this process and reduce the level of corruption inherent in this area in all countries without any exception, is becoming increasingly relevant in recent times.Based on the conducted analysis, the article proposes the definition of the term of public procurement, defines the principles of public procurement as a controlled subject in the electronic environment of their conduct, and systematizes the basic indicators characterizing the effectiveness of public procurement. Based on the Granger causality method, an analysis of efficiency was performed and the basic indicators determining the level of savings in the public procurement system were determined. It is established that the use of Granger causality in changing the amount of savings in the system of public procurement gives only a quantitative characteristic. For a more complete picture quantitative analysis is supplemented with qualitative parameters.

scholarly journals MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE

2018 ◽  
Vol 4 (2) ◽  
pp. 333-357
Author(s):  
Theodora Pritadianing Saputri
Keyword(s):  
Public Procurement ◽  
Corporate Restructuring ◽  
The Public ◽  
Freedom Of Contract ◽  
Fair Competition ◽  
Procurement Procedure ◽  
The Government ◽  
Public Contract

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract.  In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

Specyfika umów o zamówienia publiczne

2020 ◽  
Author(s):  
Joanna Marczewska
Keyword(s):  
Characteristic Feature ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Rule Changes ◽  
Key Aspects ◽  
Procurement Contracts

The article presents the characteristics of public procurement contracts by describing key aspects: the form and procedure for concluding the contract and the period for which it can be concluded. It was pointed out that the characteristic feature of public procurement contracts is primarily the fact that the contract can only be concluded after the procedure specified in the public procurement rules has been carried out. In addition, the issue of statutory changes in the content of the public procurement contract in the light of applicable provisions was discussed, as well as the grounds for the nullity of the contract were analyzed. It was emphasized that, as a rule, changes to the contract were prohibited and the statutory conditions for the amendment of the contract were described. In addition, issues related to the invalidity of the contract were analyzed. Finally, it was considered whether public procurement contracts implement the principle of contract freedom and what restrictions they are experiencing under the provisions of the Public Procurement Law. The study raises the issue of whether public procurement contracts are in the nature of adhesive contracts.

scholarly journals O Controle Externo dos Contratos da Administração Pública pelo Tribunal de Contas: Ensaio sobre o Momento da Fiscalização Financeira Adotado no Brasil e em Portugal

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Gilberto Pinto Monteiro Diniz
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Financial Supervision ◽  
External Control ◽  
Legal Norms ◽  
The Public ◽  
Contract Performance ◽  
The Moment ◽  
High Degree ◽  
Procurement Contracts

O CONTROLE EXTERNO DOS CONTRATOS DA ADMINISTRAÇÃO PÚBLICA PELO TRIBUNAL DE CONTAS: ENSAIO SOBRE O MOMENTO DA FISCALIZAÇÃO FINANCEIRA ADOTADO NO BRASIL E EM PORTUGAL EXTERNAL CONTROL OF PUBLIC ADMINISTRATION PROCUREMENT CONTRACTS BY THE COURT OF AUDITORS: ESSAY ON THE MOMENT OF FINANCIAL SUPERVISION ADOPTED IN BRAZIL AND PORTUGAL Gilberto Pinto Monteiro DinizRESUMO: No Brasil e em Portugal, a contratação pública representa uma das principais fontes de despesa pública, constituindo-se, portanto, matéria de elevado grau de relevância e materialidade para a fiscalização financeira a cargo do tribunal de contas. Em razão disso, o objetivo deste trabalho é demonstrar o momento adotado pelos órgãos de controle externo desses dois países para verificar se o procedimento adotado pela Administração Pública para efetivar a contratação pública obedeceu às normas jurídicas pertinentes, bem assim se a execução contratual cumpriu com êxito o objeto pactuado e, ainda, se atingiu o resultado desejado. PALAVRAS-CHAVE: Tribunal de contas; fiscalização financeira; controle prévio, concomitante e subsequente; contratação pública. ABSTRACT: In Brazil and Portugal, public procurement represents a major source of public expenditure and thus constitutes a matter of high degree of relevance and materiality for the financial supervision handled by the Court of Auditors. For this reason, the aim of this work is to demonstrate the moment adopted by the external control bodies of these two countries to check if the procedure adopted by the Public Administration to carry out the public procurement abided by the relevant legal norms, as well as if the contract performance successfully fulfilled the agreed subject matter and, also, if it has reached the desired result.KEYWORDS: Court of auditors; financial supervision; prior, concomitant, and subsequent checking; public procurement.SUMÁRIO: Introdução. 1. Estado democrático de direito e controle externo exercido pelo tribunal de contas. 2. Inserção do tribunal de contas na estrutura do estado. 2.1. No estado brasileiro. 2.2. No estado português. 3. Contratação pública. 3.1. Relevância econômica e financeira da contratação pública. 4. Fiscalização financeira da contratação pública pelo tribunal de contas. 5. Momento da fiscalização financeira da contratação pública: prévio, concomitante e subsequente. 5.1. Momento adotado no Brasil. 5.2. Momento adotado em Portugal. Considerações finais. Referências.

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