scholarly journals Progres of the Public Procurement System in Albania and in the European Union

2016 ◽  
Vol 1 (2) ◽  
pp. 72
Author(s):  
Emalita Dobra
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Public Works ◽  
The European Union ◽  
The Public ◽  
Public Contracts ◽  
Procurement Procedure ◽  
Proper Estimation ◽  
Procurement System

A proper estimation of the value of the public contracts is of major importance of the contracting authority. First, value of contracts govers the regime of rules under which the proceedings will be conducted. Second the decision of the contracting authority concerning the application of specific procurement procedure depends whether the value of contract is below or above specific threshold. For multi year contracts or contracts with renewal option, the contracting Authority must provide clauses for the revision of prices in accordance with published official inflation. In case of goods the contracts through renting or leasing of these, the estimated value of the public contract shall be based on the monthly rent or fee multiplied by the number of months the contract will last. The contracting Authority is responsible for comparing the above mentioned elements with a cost analyses of the goods, services or works. European Union rules provided in Article 9 of the directive 2004/18/EC of the European Parliament and of the council of 31 March 2004 on the coordination of procedures for the award of public works, supply and services and in contain also more detailed rules concerning methods of estimation of contract value which should be applied in specific case. The priciple of the transparency of public procurement requires that all potential contractors have the same chances to compete for contracts being offeres by public administration. (; public contracts, procurement, goods, proceedings contracting Authority, etc. )

scholarly journals Assessing the Public Administration’s Intention in EU Economic Law: Chasing Ghosts or Dressing Windows?

2016 ◽  
Vol 18 ◽  
pp. 93-121
Author(s):  
Albert SANCHEZ-GRAELLS
Keyword(s):  
European Union ◽  
Public Administration ◽  
Public Procurement ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Economic Law ◽  
Right To Good Administration ◽  
State Liability

AbstractHere I reflect on the role of subjective or intentional elements in EU economic law prohibitions, particularly in relation to rules concerning public administration. From a normative perspective, it is desirable to suppress the need for an assessment of subjective intent and to proceed with an objectified enforcement of such prohibitions. With this in view, I consider public procurement and Member State aid rules as two examples of areas of EU economic law subjected to interpretative and enforcement difficulties due to the introduction – sometimes veiled – of subjective elements in their main prohibitions. I establish parallels with other areas of EU economic law – such as antitrust, non-discrimination law and the common agricultural policy – and seek benchmarks to support the main thesis that such intentional elements need to be ‘objectified’, so that EU economic law can be enforced against the public administration to an adequate standard of legal certainty. This mirrors the development of the doctrine of abuse of EU law, where a similar ‘objectification’ in the assessment of subjective elements has taken place.I draw on the case law of the Court of Justice of the European Union to support such ‘objectification’ and highlight how the Court has been engaging in such interpretative strategy for some time. The paper explores the interplay between this approach and more general protections against behaviour of the public administration in breach of EU law: the right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union and the doctrine of State liability for infringement of EU law. I conclude with the normative recommendation that the main prohibitions of EU economic law should be free from subjective elements focused on the intention of the public administration.

scholarly journals Experience of public procurement under COVID 19

2021 ◽  
pp. 33-36
Author(s):  
Irina Holtsova ◽  
Yana Tsimbalenko
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Well Being ◽  
European Countries ◽  
Critical Conditions ◽  
The European Union ◽  
The Public ◽  
Global Pandemic ◽  
Societal Challenge ◽  
Procurement System

2020 has become a global societal challenge for the whole world. The global pandemic, caused by COVID 19 has become threatening to the well-being of society and its sustainable development in virtually all spheres of human activity. The sphere of public procurement is not an exception not only in Ukraine, but also in European countries. The new conditions of social reality set such conditions for the implementation of public procurement, for which the world was not ready, but they required the necessary and urgent transformations. The article examines the experience of Ukraine and the European Union in the formation of public procurement and its operation under COVID 19 and strict quarantine restrictions. The Ukrainian economy was largely unprepared for the new social realities, but it was the sphere of public procurement, the development of which occured in the last 5 years, that surprised with its functional and regulatory security. The author draws attention to the peculiarities of the implementation of the system of electronic public procurement, their gradual formation and transformation. The analysis and qualitative differences of the new system of public procurement, which allowed to ensure the necessary transparency and publicity of the state order in the medical sphere, are given. A comparison of the Ukrainian system of functioning of public procurement and European transformations in this sphere is given. Because the experience of European countries in the difficult transition phase of the society of the pandemic era is very important for the countries of the post-Soviet space, as the countries of the European Union are in many respects the example to follow for such countries. The author cites the key features of the transformation and improvement of the public procurement system in accordance with the critical conditions of society

scholarly journals The Impact of the COVID-19 Pandemic on Changes in Competitiveness in the Public Procurement System

2021 ◽  
Vol 4 (32) ◽  
pp. 189-201
Author(s):  
Jarosław Szymański
Keyword(s):  
Global Economy ◽  
Ad Hoc ◽  
Public Procurement ◽  
The European Union ◽  
The Public ◽  
Statistical Measures ◽  
European Public ◽  
Public Contracts ◽  
Procurement System ◽  
The Impact

The aim of the article/hypothesis: The impact of the pandemic on the European and global economy is unquestionable. The question is how the epidemiological situation has affected the European public procurement system. The study was limited to assessing the changes in the structure of the procedures used to award public contracts and the possible effects of a lack of dynamics in this respect. The aim of the work is to observe the effects of changes in the structure of tendering procedures and to identify other phenomena in the public procurement system, caused by the pandemic. Methodology: Taking into account the diversity of national solutions in the field of public procurement, resulting both from the legal systems and national practice, an analysis of awarded public contracts was carried out, with particular emphasis on the domestic market. The research was conducted in the direction of determining the changes in preferences of selecting non-competitive procedures, new possibilities of awarding contracts and the analysis of changes in the preferences of the non-competitive procedure on the European Union market. The tools used for the analysis included basic statistical measures and the non-parametric Mann-Whitney test. Results of the research: As a result of the analysis, it was found that there was a statistically significant increase in the share of the non-competitive procedure on the European market. The observation of individual national markets shows that in some Member States there has been a decrease or a very limited increase in the non-competitive mode. This may result from ad hoc legal changes and means that an unknown number of contracts of unknown value was awarded outside the control of the monitoring of the public procurement system.

scholarly journals El carácter jurisdiccional de los tribunales de resolución de conflictos contractuales conforme a la jurisprudencia comunitaria

2018 ◽  
pp. 529
Author(s):  
Jacinto J. Marabel
Keyword(s):  
European Union ◽  
Public Procurement ◽  
The European Union ◽  
Crucial Importance ◽  
Autonomous Communities ◽  
The Public ◽  
Free Competition ◽  
Court Of Justice ◽  
European Policies ◽  
Impacto Económico

Durante muchos años, la Unión Europea exigió al Reino de España articular una serie de medidas tendentes a garantizar los procedimientos de recurso en materia de adjudicación de contratos públicos. La materia tiene una importancia crucial en las políticas europeas y su impacto económico llega a alcanzar la quinta parte del PIB del conjunto de los Estados miembros. Por esta razón, se hizo necesaria la creación de órganos independientes con competencia en la resolución de este tipo de conflictos que velaran por el principio de libre concurrencia. El Tribunal de Justicia de la Unión Europea considera que la naturaleza y funciones de tipo de órganos, que a partir del Tribunal Central de Recursos Contractuales se han extendido a gran parte de las Comunidades Autónomas, son asimilables a las de los órganos jurisdiccionales.For many years, the European Union demanded the Kingdom of Spain to articulate a series of measures to ensure the review procedures in the field of public procurement. The matter is of crucial importance in European policies and their economic impact can reach a fifth of the GDP of all the Member States. For this reason, the creation of independent bodies with competence in the resolution of such conflicts that shall ensure the principle of free competition was necessary. The Court of Justice of the European Union considered that the nature and functions of type of organs, which starting from the Public Procurement Review Central Administrative Court have been extended to much of the Autonomous Communities, are similar to the justice courts.

Administrative Procedure and Judicial Review in Lithuania

2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė
Keyword(s):  
European Union ◽  
Public Administration ◽  
Judicial Review ◽  
General Rule ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Proceedings

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.

Towards the Integration of E-Government Process in the University of Murcia

2015 ◽  
pp. 107-123
Author(s):  
Jesús D. Jiménez Re ◽  
M. Antonia Martínez-Carreras
Keyword(s):  
European Union ◽  
Public Administration ◽  
Business Processes ◽  
The European Union ◽  
The Public ◽  
Agile Processes ◽  
Service Oriented ◽  
Administrative Procedures ◽  
Automated Process ◽  
The University

Several countries are adopting e-government strategies for adapting the administrative procedures to automated process with the aim of obtaining efficient and agile processes. In this sense, the European Union has published some directives which indicate the need for European countries to adopt e-government in the public administration. Additionally, the Spanish government has published laws and documents for supporting the adoption of e-government in the different public administration. Concretely, the University of Murcia has developed a strategy for the adoption of e-government using a service-oriented platform. Indeed, this strategy has evolved for the adoption of BPM for its administrative processes. The aim of this chapter is explaining the strategy for the adoption of business processes in the University of Murcia.

Public Administration, Turbulence, and the European Union

2017 ◽  
Author(s):  
Jarle Trondal
Keyword(s):  
European Union ◽  
Public Administration ◽  
Multilevel Governance ◽  
The European Union ◽  
Governance System ◽  
Uncertain Environments ◽  
The Public ◽  
European Public ◽  
The Eu ◽  
Regulatory Challenges

In a multilevel governance system such as the European Union (EU) policy processes at one level may create challenges and dilemmas at lower levels. Multilevel governance involves a multiplicity of regulatory regimes and succeeding governance ambiguities for national actors. These regulatory challenges and ensuring governance dilemmas increasingly affect contemporary European public administration. These challenges and dilemmas are captured by the term turbulence. The inherent state prerogative to formulate and implement public policy is subject to an emergent and turbulent EU administration. Organized turbulence is captured by the supply of independent and integrated bureaucratic capacities at a “European level.” Throughout history (1952 onwards) the EU system has faced shifting hostile and uncertain environments, and responded by erecting turbulent organizational solutions of various kinds. Studying turbulence opens an opportunity to rethink governance in turbulent administrative systems such as the public administration of the EU.

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