scholarly journals Innovation partnership as a special public procurement procedure in the European Union and a tool for innovation development

2019 ◽  
Vol 11 ◽  
pp. 90-97
Author(s):  
Vesta Malolitneva ◽  
Keyword(s):  
European Union ◽  
Public Procurement ◽  
The European Union ◽  
Innovation Development ◽  
Procurement Procedure

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 In-house contracts in the European Union law

2021 ◽  
Vol 18 (2) ◽  
pp. 283-294
Author(s):  
Jovana Tomić
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Successful Implementation ◽  
The European Union ◽  
European Union Law ◽  
The Republic ◽  
Procurement Procedure ◽  
Domestic Law ◽  
Contractual Relation ◽  
Public Contract

After successful implementation of public procurement procedure, a purchaser concludes public contract with a selected bidder. If, according to the European union law and Republic of Serbia domestic law, the purchaser and the bidder are considered as "affiliated" subjects, they are not obliged to apply public procurement rules and the contract they are concluding in that case is being called in-house. In order to avoid invoking an in-house contractual relation in such a situations where public procurement rules should be applied, it is important to recognize characteristics of such a contractual relation. This work presents criteria for determining in-house contract according to the European union law. The aim of the author is for domestic purchasers and bidders to better understand norms that have been taken from European union law to new Law on Public Procurement of the Republic of Serbia, so that their proper implementation can be expected.

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.

scholarly journals The Market’s Maturity for Public Procurement of Circular Furniture: A Study from Latvia

2021 ◽  
Vol 1 (15) ◽  
pp. 242-250
Author(s):  
Jana Simanovska ◽  
Inese Pelsa
Keyword(s):  
European Union ◽  
Gross Domestic Product ◽  
Circular Economy ◽  
Public Procurement ◽  
Important Task ◽  
Domestic Product ◽  
The European Union ◽  
Material Efficiency ◽  
Survey Results

Public procurement plays an important role in the market by making up 14% of the Gross Domestic Product in the European Union, therefore it is seen as an important instrument to promote such products and services that better meet society’s demands, for example, sustainability. Starting from 2015, circularity is an important aspect of sustainability. Furniture is among the product groups with a significant impact on the material footprint, therefore approaches to increase material efficiency and circularity are of high value. With this research, the authors investigate the market’s maturity, i.e. the readiness of suppliers to offer circular furniture and services, as well as the readiness of municipalities to uptake it. 20 companies and 27 municipalities took part in the survey. Results show that the surveyed companies currently are more ready to offer more circular products and services than municipalities require in the procurement tenders. Most surveyed municipalities are maintaining and repairing the furniture by themselves that is a circular approach but without outsourcing. The market consultation before the tendering could help to understand the market abilities better and lead to more circular purchasing contracts. This is an important task considering the importance of public procurement in promoting a circular economy.

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.

Public Procurement Directives in the European Union: A Study of Local Authority Purchasing

1999 ◽  
Vol 77 (2) ◽  
pp. 387-406 ◽  
Author(s):  
Stephen Martin ◽  
Keith Hartley ◽  
Andrew Cox
Keyword(s):  
European Union ◽  
Local Authority ◽  
Public Procurement ◽  
The European Union
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