scholarly journals Appeal of Public Procurement Procedures

2019 ◽  
Vol 25 (2) ◽  
pp. 135-140
Author(s):  
Albena Ivanova
Keyword(s):  
Public Procurement ◽  
National Court ◽  
Legal Protection ◽  
Member States ◽  
Judicial Control ◽  
Foreign Companies ◽  
Adoption And Implementation ◽  
New Public ◽  
Procurement Procedure ◽  
Court Hearing

Abstract Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Justice of EU (CJEU) also exercises judicial review within the context of a reference for a preliminary ruling, where a national court hearing an appeal against a Public Procurement procedure, has referred a question to the CJEU.

Approaches Regarding the Simplified Public Procurement Procedure in Romania

2020 ◽  
Vol 26 (2) ◽  
pp. 88-93
Author(s):  
Liviu-Alexandru Precup
Keyword(s):  
Public Procurement ◽  
Geographical Location ◽  
Electronic System ◽  
Political Orientation ◽  
The Public ◽  
Foreign Companies ◽  
Adoption And Implementation ◽  
New Public ◽  
Procurement Procedure ◽  
Simplified Procedure

AbstractPublic procurement in Romania is an important part of any economy, regardless of the geographical location, political orientation or level of development. Therefore, they can be considered as a separate part, but not insignificant, of the business of a functioning market economy. Moreover, they benefit from its own law, including the global economic agreements governing commercial transactions of this type. Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The Public Procurement Law provides two new awarding procedure. Simplified procedure – may be applied by the contracting authority for the contracts with a reduced value and the Innovation partnership. The above procedures are in addition to the procedures below which were already provided for by the prior legislation. In Romania a simplified procedure is applied for contracts /framework agreements with an estimated value below the above mentioned thresholds but with exceed RON 135,060 for supply and services contracts and RON 450,200 for works contracts. Within a simplified procedure, contract notices are published only in the Electronic System for Public Procurement.

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.

CURRENT CHANGES IN THE PUBLIC PROCUREMENT LAW

2021 ◽  
Vol 2 (XXI) ◽  
pp. 91-100
Author(s):  
Iwona Warchoł
Keyword(s):  
Public Procurement ◽  
Legal Protection ◽  
Legal Regulations ◽  
Protection Measures ◽  
The Public ◽  
New Public

The article contains an analysis of changes in legal regulations in the field of public procurement law. The author presents the practical problems of applying the existing act and the legitimacy of changes in the principles and detailed regulations on the manner of conducting proceedings and concluding contracts. The article also addresses issues related to the principles of public procurement law and legal protection measures in the new public procurement law.

scholarly journals Public procurement and innovation

ERA Forum ◽  
2021 ◽  
Author(s):  
Roberto Caranta ◽  
Pedro Cerqueira Gomes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Procurement ◽  
Member States ◽  
State Aids

AbstractInnovation has come to the forefront of EU public procurement. Directive 2014/24/EU has given contracting authorities in the Member States a new award procedure to pursue innovation, namely the innovation partnership. Still a number of issues remain open, notably concerning the allocation of intellectual property rights that may call for the application of State aids rules. Further guidance is thus expected from the Commission.

Audit Assessment of the Effectiveness of Public Procurement Procedures

2021 ◽  
Vol 12 (3) ◽  
pp. s085-s107
Author(s):  
Iryna Drozd ◽  
Mariia Pysmenna ◽  
Nataliia Pohribna ◽  
Nataliya Zdyrko ◽  
Anna Kulish
Keyword(s):  
Cost Effectiveness ◽  
Public Procurement ◽  
Risk Indicator ◽  
Individual Values ◽  
State Budget ◽  
The Public ◽  
Efficiency Cost ◽  
Procurement Procedure ◽  
Using Data ◽  
Risk Parameters

The article seeks describing the benefits and challenges faced by auditors in assessing the effectiveness of public procurement procedures in terms of applying the methodology for calculating efficiency, economy and effectiveness, taking into account the risks of procurement in e-auctions. Quantitative risk parameters are calculated using data of probabilistic indicators of procurement risk assessment according to the ratio of the number of relevant procedures (sub-threshold and above-threshold) to the total number of procurement procedures. Statistical valuation methods are used for the cost risk assessments and calculation of the aggregate risk indicator of public procurement. The calculations are performed using the data of the open e-procurement system ProZorro for all announced procurements in 2018-2019. We analyzed the methods, indicators and the extent to which the study of the public procurement effectiveness via bibliographic and case studies is performed. As a result, the majority of methods cover four components of assessing the public procurement efficiency - targeted efficiency, cost-effectiveness, organizational efficiency, efficiency of budget expenditures for public procurement. This does not provide an assessment of the automated systems’ impact on the procurement procedures results and on possible savings due to the use of certain procurement procedures. To comprehensively assess the procurement efficiency in e-bidding, the authors propose considering four key risks: the risk of cancellation of the procurement procedure, the risk that the procurement procedure will not take place, the risk of appealing the procurement, the risk of disqualification. As a result of risks calculations under the sub-threshold and above-threshold procurement, individual values of risks and their aggregate indicator are determined. This will adjust the scope of audit procedures to verify individual procurements and identify weaknesses in the procurement management system. We believe that the methodology of auditing the procurement effectiveness, taking into account the quantitative and qualitative parameters of procurement risks, will be a useful audit tool to determine the effectiveness of the use of public funds under individual procurements and identify areas of cost-effectiveness for the state budget funds.

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.

scholarly journals An Existence of State Administration Court in Establishing Good Governance

2019 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Ruslin Ruslin
Keyword(s):  
Good Governance ◽  
Legal Protection ◽  
The State ◽  
Law Enforcement Agencies ◽  
Judicial Control ◽  
The Public ◽  
Administrative Functions ◽  
State Administration ◽  
Good Government ◽  
Executive Agencies

Administration officials have broad authority in carrying out the affair of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state administrative court in addition aims to provide legal protection for the public and state administration officials themselves, as well as state administrative law enforcement agencies who aspire to realize a good and authoritative government. Keywords: Good government, State administration court

Sign in / Sign up

Export Citation Format

Share Document