Collaborative Public Procurement and Supply Chain in the EU Experience

2011 ◽  
Author(s):  
Gian Luigi Albano ◽  
Gabriella Margherita Racca
2020 ◽  
Vol 8 (3) ◽  
pp. 44
Author(s):  
Alexander Baranovsky ◽  
Nataliia Tkachenko ◽  
Vladimer Glonti ◽  
Valentyna Levchenko ◽  
Kateryna Bogatyrova ◽  
...  

Traditionally, public procurement has been associated with the measurement of achieving savings. However, recent research shows that the economic impact of public procurement is not limited only to savings, but by measuring the impact of four capitals—natural, human, social, and economic—on sustainable well-being over time. Ukraine is a country with a very low gross domestic product (GDP) per capita, which exacerbates the problem of the impact of public procurement results on the population’s welfare. Ukrainian public procurement legislation allows customers to apply non-price criteria (the share of non-price criteria cannot be more than 70%), which, together, are taken into account in the formula of the quoted price. The studies show that the effect of the use of non-price criteria depends on the relevance of the method of the evaluation of non-price criteria. The most important non-price criteria for Ukrainian customers by product categories and the methods of their evaluation are analyzed according to the Bi.prozorro.org analytics module. Therefore, it is concluded that the quoted price method, which is used in Ukrainian practice, is not relevant in comparison with the method used in the EU. A survey of the government buyers on the practice of applying non-price criteria was conducted, and the areas of their use were identified.


2018 ◽  
Vol 54 (3) ◽  
pp. 407-425 ◽  
Author(s):  
Martijn C Vlaskamp

Natural resources can be an important source of funding for warring parties in armed conflicts. Curbing the trade in these so-called conflict resources is, therefore, part of the European Union’s conflict management policies. The article explores the EU’s policies in this field and asks, specifically, why the EU is using supply chain due-diligence measures to achieve this goal. The author argues that they are the response to enforcement problems of most existing multilateral and unilateral sanction regimes because of state weakness in the targeted regions. This approach results from a broader idea from the EU that transparency can improve resource governance and, therefore, safeguard both its political and economic interests in conflict zones, such as the eastern Democratic Republic of the Congo. However, when the issue becomes specific—as in the EU Conflict Minerals Regulation—translating this idea into concrete policies becomes more contentious as the EU institutions set different priorities for the final policy design.


Perceptions ◽  
2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Ankit Deshmukh

This paper seeks to provide an overview of conflict mineral trade by analyzing it through an economic lens. Using data gathered from news sources, the memo first defines the term “conflict minerals” and identifies that the primary actors involved in the conflict mineral market are rebel militia groups and multinational corporations. The trade is mutually beneficial for these actors as it serves as the primary source of revenue for militia groups and allows multinational corporations to buy minerals at low costs. The memo also highlights the struggles legitimate Congolese miners face, as they face threats from militia groups and low market prices Also identified is Section 1502 of the Dodd Frank act, legislation which forces multinational corporations to list their mineral suppliers, thereby increasing supply chain transparency. While implemented with good intentions, it is extremely unsuccessful in stifling the conflict mineral trade as it lacks substantive regulatory measures. Furthermore, the EU and US plan to implement opposing conflict mineral trade policies — the EU looks to increase supply chain transparency while the US looks to repeal Section 1502 of Dodd Frank (an action which would decrease supply chain transparency). This paper believes that coordinated and homogenous action on the part of both federal governments and IGOs is necessary in order to concretely enforce restrictions on conflict mineral trade.


Author(s):  
Samantha Velluti ◽  
Vassilis P. Tzevelekos

The paper introduces the theme and topics of this Special Issue on the extraterritoriality of EU law and human rights in the fields of trade and public procurement since the entry into force of the 2009 Treaty of Lisbon. It briefly explores the meaning of extraterritoriality in international (human rights) law and the EU legal order highlighting the complexity of such notion in both legal systems. In so doing, it provides the context and focus of analysis of the collection of papers that make up this Special Issue, which addresses a number of topical questions concerning the extraterritorial conduct of the EU, as well as the extraterritorial effects of EU law in those specific fields, from the perspective of human rights.


2020 ◽  
Vol 10 (2) ◽  
pp. 253-270
Author(s):  
Achim Seifert

The following Article analyzes recent developments of German law regarding CSR and the protection of human rights in the production sites of foreign subsidiaries and suppliers of German companies. It gives a brief overview on the National Action Plan of the Federal Government, adopted in 2016, analyzes possibilities of a direct enforcement of human rights violations before German courts and gives a survey on some relevant instruments German law uses to promote the respect of human rights by German companies (e.g. CSR transparency and public procurement law). Finally, the current debate on the adoption of a “Supply Chains Act” is briefly assessed. The author argues that the CSR debate in Germany has reached a crossroad with the Federal Government’s initiative for a “Supply Chains Act” since such Act would probably establish a supply chain due diligence and also a delictual liability of German companies for human rights violations caused by a non-compliance with its statutory duties to control its supply chain. However, the outcome of this ongoing debate still is unclear.


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