Access to the Market and the Transparency As Principles of Public Procurement in the Legal Environment of the EU Neighbourhood Policy

2018 ◽  
Author(s):  
Ondrej Blazo ◽  
Hana Kováčiková
Keyword(s):  
Public Procurement ◽  
Legal Environment ◽  
Eu Neighbourhood Policy ◽  
The Eu

Access to the Market and the Transparency as Principles of Public Procurement in the Legal Environment of the EU Neighbourhood Policy

2018 ◽  
Vol 18 (2) ◽  
pp. 218-236
Author(s):  
Ondrej Blažo ◽  
Hana Kováčiková
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
International Agreements ◽  
Legal Environment ◽  
Eu Law ◽  
Legal Basis ◽  
The Third ◽  
Eu Directives ◽  
Eu Neighbourhood Policy ◽  
The Eu

Abstract The authors confront complexness and rigour of EU directives on public procurement vis-à-vis broad wording of international agreements concluded within EU neighbourhood policy. The firs reason for this comparison is ongoing spread of prin­ciples of the EU law to the third countries. The second reason is that both rely on the same goals: access to market ad fair environment via transparency because these prin­ciples constitute a subtle legal basis for public procurement legislation at all. Finally, these approaches were compared to the approaches employed in recent FTAs - CETA and EUSFTA. This paper is an output in a project granted by APVV-17-0641: Improvement of effective­ness of legal regulation of public procurement within EU law context

scholarly journals Non-Price Criteria for the Evaluation of the Tender Offers in Public Procurement of Ukraine

2020 ◽  
Vol 8 (3) ◽  
pp. 44
Author(s):  
Alexander Baranovsky ◽  
Nataliia Tkachenko ◽  
Vladimer Glonti ◽  
Valentyna Levchenko ◽  
Kateryna Bogatyrova ◽  
...  
Keyword(s):  
Public Procurement ◽  
Well Being ◽  
Gdp Per Capita ◽  
Tender Offers ◽  
Product Categories ◽  
Per Capita ◽  
The Government ◽  
The Impact ◽  
Over Time ◽  
The Eu

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.

scholarly journals Extraterritoriality of EU law and human rights after Lisbon: The case of trade and public procurement

2018 ◽  
Author(s):  
Samantha Velluti ◽  
Vassilis P. Tzevelekos
Keyword(s):  
Human Rights ◽  
Public Procurement ◽  
Legal Order ◽  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Special Issue ◽  
International Human Rights ◽  
International Human ◽  
The Eu

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.

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.

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