scholarly journals Resilience in Times of Pandemic: Is the Public Procurement Legal Framework Fit for Purpose?

2020 ◽  
pp. 60-79
Author(s):  
Laura-Alexandra FARCA ◽  
Dacian C. DRAGOŞ
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
Public Institutions ◽  
State Of Emergency ◽  
Health Crisis ◽  
The Rule Of Law ◽  
The Public ◽  
New Type ◽  
Fit For Purpose ◽  
Eu Directives

"This article aims to analyze whether the legislation enacted in the field of public procurement in Romania, based on the 2014 EU Directives, is effective in fostering resilience of the public institutions and indirectly of communities, and to provide a fit-for-purpose mechanism for dealing with the pandemic generated by the new type of coronavirus, Sars-CoV-2. The article discusses the necessity of new rules meant to promote swiftly purchases during the state of emergency. Undoubtedly, the pandemic generated crisis has raised some serious challenges to which public procurement regulations is in principle properly equipped to deal with: urgent need for supplies, works and services, but also unemployment or protection of other disadvantaged categories of people. We argue that resorting to specific tools (negotiated procedures, framework-agreements, centralized procurement, sustainable and social procurement, reserved contracts) when carrying out swift interventions generated by the pandemic would have been more suitable during this health crisis or even for preventing the effects of this pandemic. Instead, the attention of the legislator has been concentrated only on (unnecessarily) exempting the swift purchases of medical equipment from the rule of law. "

scholarly journals Compliance Issues with Public Procurement Regulations in Ghana

2019 ◽  
Vol 14 (5) ◽  
pp. 1 ◽  
Author(s):  
Godwin Uzoma Chikwere ◽  
Simon S. K. Dzandu ◽  
Mawuko Dza
Keyword(s):  
Public Procurement ◽  
Sampling Technique ◽  
Simple Random Sampling ◽  
Legal Framework ◽  
Public Institutions ◽  
P Value ◽  
Public Officials ◽  
The Public ◽  
Political Interference ◽  
The Law

This study examines compliance issues with public procurement regulations in Ghana. The simple random sampling technique was used to draw a sample size of 100 practitioners from public institutions in Ghana. The collected data were analysed using descriptive and inferential statistics. The study revealed that although public procurement entities in Ghana have made some strides in improving compliance levels with the public procurement law, majority of public institutions disregard their management systems and contract management processes among others. The study indicates that familiarity (p-value = 0.020) though inversely related, incompetence (p-value =0.023), political interference (p-value =0.000) and poor monitoring (p-value =0.010) were significant factors in explaining non-compliance with the legal framework of public procurement in Ghana. The research further discovered that officials in charge of public procurement flout the rules and regulations with impunity. To address the issue of non-conformance by public officials, it is imperative for the Public Procurement Authority to desist from embarking on what could best be described as selective justice and apply the law equally on all non-conforming public institutions. The authority must also strengthen its monitoring systems to ensure that offenders are apprehended and adequately sanctioned according to the law.

scholarly journals The transposition of the 2014 EU Directives on public procurement by Portugal: woes and expectations

2018 ◽  
Vol 1 (1) ◽  
pp. 33-44
Author(s):  
Luís Valadares Tavares
Keyword(s):  
Public Administration ◽  
Environmental Sustainability ◽  
Public Procurement ◽  
Legal Framework ◽  
New Approach ◽  
Public Markets ◽  
The Public ◽  
Administration Culture ◽  
Eu Directives ◽  
Negative Impacts

The new EU Directives on Public Procurement are oriented to promote the application of the concept of strategic public procurement which has been subject to several communications and discussions promoted by the European Commission and European Parliament. This new approach to Public Procurement has deep implications in the legal framework adopted by each Member State as well as in the public administration culture and organization in order that the new objectives of promoting the qualification of markets, the increase of innovation, the respect by social cohesion and environmental sustainability and a better access to public markets by SME’s will be achieved aligned with the UE 2020 Agenda. In this paper, the process and the results of the transposition of this Directives by Portugal are studied not just in terms of the respect for the Directives rules but also considering its likely positive and negative impacts on Portuguese public markets which are also synthetically described herein.

scholarly journals Transposition of the EU Public Procurement Directives 2014 in Austria

2018 ◽  
pp. 4-13
Author(s):  
Bernt Elsner ◽  
Ruth Bittner
Keyword(s):  
Public Procurement ◽  
Case Law ◽  
Legal Framework ◽  
National Parliaments ◽  
The Public ◽  
Service Contracts ◽  
New Public ◽  
Eu Directives ◽  
Historical Developments ◽  
The Eu

The EU public procurement directives 2014 further advance the European Commission’s ambitions to regulate most public procurement at the EU-wide level. The Directives already set out a fairly concrete legal framework for national parliaments regarding public procurement procedures for work, supply and service contracts above the EU-thresholds. The Austrian parliament decided to implement these directives mostly word for word, but at the same time tried to preserve most of the historical developments to the public procurement law that were specific to Austria. In addition to that, the Austrian legislature responded to recent ECJ case law that was established after the EU Directives were published. The new public procurement code creates legal certainty for both contracting authorities and contractors in several different aspects. However, the interpretation of some provisions will be subject to case law, especially regarding contractual cooperation between contracting authorities. Concerning contracts not fully regulated by the Directives – such as concessions as well as social and other specific services – the Austrian legislature opted not to regulate them further and leave some flexibility to the contracting authorities.

scholarly journals ORGANIZATION OF THE PUBLIC PROCUREMENT PROCESS AT THE LEVEL OF THE CONTRACTING AUTHORITIES IN ROMANIA. PARTICULARITIES AND SOLUTIONS FOR THE MANAGEMENT OF PUBLIC PROCUREMENT PROCEDURES ORGANIZED IN THE CONTEXT OF EMERGENCY OF COVID-19 CRISIS

2020 ◽  
Author(s):  
Costel Ceocea ◽  
Raluca Alexandra Ceocea ◽  
Adrian Vatamaniuc ◽  
Vasile Mihălaș
Keyword(s):  
Decision Making ◽  
Public Procurement ◽  
Good Practice ◽  
Public Institutions ◽  
Negative Effects ◽  
Health Crisis ◽  
Procurement Process ◽  
The Public ◽  
Adoption And Implementation ◽  
Procurement Contracts

The normative framework applicable to public institutions imposes an approach to public procurement management aimed at awarding public procurement contracts in conditions of economic and social efficiency. Achieving the objectives set at the level of the organization, in accordance with the principles underlying the award of public procurement contracts is conditioned by the adoption and implementation of specific procedures, mainly oriented towards the organization of decision-making processes. In the context of the crisis triggered by the new Coronavirus SARS-CoV-2, contracting authorities were forced to organize public procurement processes, in a matter of urgency, on a procedural background less oriented towards adopting fast and efficient decisions, with negative effects both on the available financial resources and on the process of ensuring the flow of products, services and works corresponding to the rhythm imposed by the urgent needs of public institutions involved in managing the effects of the health crisis. This paper aims at individualize the decision-making process in the field of public procurement in Romania, in order to identify models of good practice, procedures and support working tools for optimizing the public procurement process carried out at the level of contracting authorities in a matter of emergency.

Our universities away from partisan Altsarat

2019 ◽  
Author(s):  
أ.د.عبد الجبار احمد عبد الله
Keyword(s):  
Political Parties ◽  
Legal Framework ◽  
Public Institutions ◽  
Political Organization ◽  
Moral Duty ◽  
The Political ◽  
Public Office ◽  
State Institutions ◽  
The Public ◽  
The University

In order to codify the political and partisan activity in Iraq, after a difficult labor, the Political Parties Law No. (36) for the year 2015 started and this is positive because it is not normal for the political parties and forces in Iraq to continue without a legal framework. Article (24) / paragraph (5) of the law requires that the party and its members commit themselves to the following: (To preserve the neutrality of the public office and public institutions and not to exploit it for the gains of a party or political organization). This is considered because it is illegal to exploit State institutions for partisan purposes . It is a moral duty before the politician not to exploit the political parties or some of its members or those who try to speak on their behalf directly or indirectly to achieve partisan gains. Or personality against other personalities and parties at the expense of the university entity.

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.

Out of sight, out of mind? Supplier spatial proximity in French public procurement

2014 ◽  
Vol 27 (6) ◽  
pp. 486-500 ◽  
Author(s):  
Olivier Mamavi ◽  
Haithem Nagati ◽  
Frederick T. Wehrle ◽  
Gilles Pache
Keyword(s):  
Public Procurement ◽  
Spatial Proximity ◽  
Management Competencies ◽  
Content Type ◽  
The Public ◽  
Feature Evaluation ◽  
Negative Effect ◽  
New Type ◽  
The Difference ◽  
The Impact

Purpose – The purpose of this paper is to study the impact of spatial proximity on supplier selection in the French public sector. While French public procurement legislation forbids consideration of supplier location in the procurement process, public contractors may still rely on spatial proximity for complex transactions necessitating mutual adjustments with suppliers. Design/methodology/approach – Using French Official Journals (BOAMP), the authors compiled 565,557 transactions completed on three public procurement markets between 6,182 contractors and 26,570 suppliers, over a period of six years (between 2006 and 2011). The authors conducted a two-level hierarchical linear auto-regression analysis and a feature evaluation analysis for all transactions. Findings – The paper finds significant variation between the transactions on different markets: a negative effect of spatial proximity on the number of contract notices in the public market and a positive effect of spatial proximity on the number of notices in the services and supplies markets. The difference lies in the levels of mutual adjustment required to optimally manage the relationship between public contractor and supplier. Research limitations/implications – The research is based on an econometric analysis conducted uniquely in the French context, which calls into question the external validity of the results obtained. The study also rests on segmentation into three aggregate markets, which might be considered too general. Originality/value – Rather than analyze public contractors’ perceptions of the importance of the criterion of spatial proximity, the paper examines 565,557 actual transactions. The results point to the emergence of a new type of relationship with certain suppliers, which should lead public contractors to integrate relationship management competencies, in addition to legal and economic competencies, in the organization of calls for tenders.

scholarly journals From the Persuasion of Theory to the Certainty of Law

2018 ◽  
Vol 5 (2) ◽  
pp. 179-202 ◽  
Author(s):  
Saleh Al-Sharieh ◽  
Jeanne Mifsud Bonnici
Keyword(s):  
Quality Of Life ◽  
European Union ◽  
Crime Prevention ◽  
Rule Of Law ◽  
Community Policing ◽  
Legal Framework ◽  
High Quality ◽  
The Rule Of Law ◽  
The Public

This paper analyses the legal bases of community policing under European Union (EU) law and the national laws of England, France, Germany, Italy, Romania and Portugal. Community policing arguably helps the police achieve efficient policing while respecting the requirements of the rule of law, a founding value of the EU, and can be a form of co-operation between the EU Member States under the EU legal framework for crime prevention. Moreover, the law in the selected jurisdictions supports four elements of the community policing model: (1) the public-police partnership in establishing policing strategies and priorities; (2) the public-police partnership for crime prevention and detection; (3) proactive and preventive policing; and (4) the police as providers of high quality services tailored to improve people’s quality of life. These elements are interrelated and interdependent: their holistic legal articulation is necessary for their effective existence.

scholarly journals FEASIBILITY STUDY OF PUBLIC-PRIVATE PARTNERSHIP / VIEŠOJO IR PRIVAČIOJO SEKTORIŲ PARTNERYSTĖS GALIMYBIŲ ANALIZĖ

2011 ◽  
Vol 15 (3) ◽  
pp. 257-274 ◽  
Author(s):  
Ieva Meidutė ◽  
Narimantas Kazimieras Paliulis
Keyword(s):  
Dispute Settlement ◽  
Public Procurement ◽  
Legal Framework ◽  
Public Private Partnership ◽  
Public Infrastructure ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private And Public ◽  
Dispute Settlement Procedure

Public-private partnership may cover various forms of partnership, viz. as the property of the private sector in the state of municipal activities or information and consultations between the public and private sectors, also as an unconventional method of public procurement when the public and private sectors enter into a long-term contract on the establishment of public infrastructure or the provision of public services. The most important thing in implementing PPP projects is to properly draw up the contract between the public and private partners, which should explicitly state all terms and conditions, undertakings and liabilities, evaluate risks, determine the payment mechanism and dispute settlement procedure, etc. In order to reduce any risk associated with such projects, a proper legal framework should be developed, which would provide liabilities and undertakings of both parties of the project (the private and public sectors), and more information should be disbursed as to how such projects are being implemented, what the structures of financing are, and what the benefit of such projects is. Santrauka Viešojo ir privačiojo sektorių partnerystė gali apimti įvairias partnerystės formas: kaip privačiojo sektoriaus nuosavybė valstybės ar savivaldybių veikloje ar informavimas ir konsultavimas tarp viešojo ir privačiojo sektorių, taip pat kaip netradicinis viešujų pirkimų būdas, kai sudaroma ilgalaikė sutartis tarp viešojo ir privačiojo sektorių dėl viešosios infrastruktūros sukūrimo ar viešųjų paslaugų teikimo. Vykdant VPP projektus būtina tinkamai parengti sutartį tarp viešojo ir privataus partnerio, kurioje turi būti vienareikšmiškai apibrėžtos visos sąlygos, įsipareigojimai, atsakomybė, įvertintos rizikos, atsiskaitymo mechanizmas, konfliktų sprendimo tvarka ir t. t. Siekiant sumažinti bet kokią su tokiais projektais susijusią riziką, reikia suformuoti tinkamą teisinę bazę, kuri numatytų abiejų projekto šalių - tiek privačiojo, tiek valstybinio sektoriaus - atsakomybes ir įsipareigojimus, bei teikti daugiau informacijos, kaip tokie projektai vykdomi, kokios finansavimo struktūros, kokia gaunama nauda.

The Purpose of the EU Procurement Directives: Ends, Means and the Implications for National Regulatory Space for Commercial and Horizontal Procurement Policies

2012 ◽  
Vol 14 ◽  
pp. 1-47 ◽  
Author(s):  
Sue Arrowsmith
Keyword(s):  
Public Procurement ◽  
National Policy ◽  
Legal Framework ◽  
The Public ◽  
Public Market ◽  
Barriers To Access ◽  
Environmental Objectives ◽  
Clear Vision ◽  
The Eu ◽  
Do So

AbstractThere currently appears to be considerable confusion amongst regulators and stakeholders over the purpose of the EU’s directives on public procurement and lack of a clear vision of what the directives seek to achieve. Against this background this article has two objectives. First, it seeks to provide a framework for understanding the directives’ functions and their relationship with national policy. In this respect it identifies the ends and means that the directives do, or could, adopt and/or which have been ascribed to them, and considers the implications of each for national regulatory space. Secondly, for each of the ends and means it suggests a specific legal interpretation of its actual and potential role in the EU’s legal framework.It is argued that the directives seek to promote the internal market and that they seek to do so solely by three means—prohibiting discrimination, implementing transparency, and removing barriers to access. It rejects, on the other hand, certain broader conceptions of the directives, including that they promote a single market by standardising procedures; that they replicate in the public market the competitive process of the private market; and that they seek value for taxpayers’ money. It is argued that rejection of these broader functions has important implications for the scope of national regulatory space, both as regards the ‘commercial’ aspects of public procurement—notably ensuring value for money and an efficient procurement process—and as regards ‘horizontal’ policies in the sense of policies that promote social and environmental objectives through public procurement.

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