scholarly journals Mechanisms for Innovative-Driven Solutions in European Smart Cities

Smart Cities ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 527-540 ◽  
Author(s):  
Stella Manika
Keyword(s):  
Smart Cities ◽  
Public Procurement ◽  
Legal Framework ◽  
Development Stage ◽  
Life Cycle Approach ◽  
The European Union ◽  
Public Authorities ◽  
European Public ◽  
Legislative Framework ◽  
Broad Objective

Innovative procurement is an important tool for smart cities to improve the effectiveness and efficiency of public services, especially in sectors such as smart living (for example, health conditions), smart mobility, or smart environment (with emphasis on waste and water management). The European Union (EU) public procurement legislative framework encourages the deployment of innovation by several means (including, inter alia, the introduction of competitive procedures promoting innovation, use of award criteria based on factors other than price, and the life-cycle approach) and sets the scene for a more strategic procurement for EU smart cities. Despite the proven benefits of innovative procurement, public authorities, driven mainly by their preference to follow traditional tender procedures under solely budgetary considerations, have hesitated to introduce innovation. The case study of Greece is examined, and it is concluded that despite the adopted policy measures that are conducive for mainstreaming innovation procurement, innovation procurement in Greece is at an early development stage. One of the reasons that hinder the application of innovation-oriented procedures by public purchasers is their insufficient knowledge of the available legal framework. The broad objective of this article is to outline the main innovation-friendly tools, as set out in the applicable European public procurement legislative framework that smart cities should adopt in order to make strategic use of innovative procurement.

scholarly journals Why early collective action pays off: evidence from setting Protected Geographical Indications

2016 ◽  
Vol 32 (2) ◽  
pp. 179-192 ◽  
Author(s):  
Xiomara F. Quiñones-Ruiz ◽  
Marianne Penker ◽  
Giovanni Belletti ◽  
Andrea Marescotti ◽  
Silvia Scaramuzzi
Keyword(s):  
Collective Action ◽  
Social Cohesion ◽  
Quality Standards ◽  
Legal Framework ◽  
Future Research ◽  
Geographical Indications ◽  
The European Union ◽  
Application Process ◽  
Public Authorities ◽  
Italian Case

AbstractThe registration of Geographical Indications (GIs) under the European Union (EU) legislation requires collective action and considerable efforts borne by multiple actors such as producers, processors, public authorities and research centers. We analyze their efforts, risks and benefits by comparing two EU GI registration processes in Italy and Austria, namely the Sorana bean Protected Geographical Indication (PGI) and the Perry from Mostviertel PGI. Results from the institutional and transaction costs analysis suggest that intensive interaction for solving conflicting interests, negotiating quality standards and defining common rules might pay off in indirect benefits and reduced risks. In particular, an inclusion of diverse and heterogeneous interest groups and a high degree of direct enterprise participation along the GI application process (as observed in the Italian case) generate benefits such as trust and social cohesion, which then support the actual use of the GI label and a better implementation of associated quality standards. A supportive legal framework with assistance from public authorities can back up the community of producers not only in technical aspects, but also as mediators when conflicts seem to be difficult to solve. As there seems to be a positive relationship between the intensity and effectiveness of collective action and the likelihood of achieving broadly accepted standards and social cohesion needed for successful GI implementation, the question for future research would not be how to avoid collective efforts but how to effectively organize the interaction among heterogeneous producer groups.

Universal Health Services

2013 ◽  
Vol 11 (3) ◽  
pp. 687-708 ◽  
Author(s):  
Aljaž Rogelj ◽  
Boštjan Brezovnik
Keyword(s):  
Health Service ◽  
Health Services ◽  
Legal Framework ◽  
General Interest ◽  
The European Union ◽  
Service Creation ◽  
Legislative Framework ◽  
The Right ◽  
Legal Guidelines ◽  
Universal Health

All EU nationals have the right to health services that are affordable for everyone under the same conditions. Sector-specific regulations provide that health services are services of general interest that must be implemented through a national legal framework. The state must design the universal health services in a way that respects the principle of public health service affordability for all citizens. In the study, we focused on understanding the legal framework which serves as foundation the regulating universal health services in Slovenia, sector-specific regulations and other acts, and tried to assess the strengths and weaknesses of the Slovenian legal framework. Our efforts have been directed towards studying the legislative framework of the European Union and defining the legal guidelines that establish the legal framework for universal health service creation.

scholarly journals Actual problems of economic activity of communal commercial enterprises in Ukraine

2020 ◽  
pp. 89-96
Author(s):  
Vadym Koverznev
Keyword(s):  
Economic Activity ◽  
Local Governments ◽  
Local Community ◽  
Negative Impact ◽  
Public Procurement ◽  
The European Union ◽  
Public Authorities ◽  
Goods And Services ◽  
Commercial Activities ◽  
Procurement Procedure

In the article are accented attention on that the modern state of economy of Ukraine is in the crisis state.. In these conditions, there is an urgent need to save budget funds spent on ensuring the activities of public authorities and local governments, and the implementation of their powers. This problem is partially solved by the legislation on public procurement, which should serve as a means of economic growth in Ukraine. In the foreign member states of the World Trade Organization Agreement, the participant of which Ukraine is, public procurement is used primarily to develop innovation and improve the quality of life; the most popular means of innovation in the European Union, which is not yet on the market, are pre-commercial procurement, which is carried out in order to research and develop new innovative solutions. Unfortunately, in Ukraine such projects does not develop and public purchases are used exceptionally with the aim of budgetary cost effectiveness, during realization of purchases for satisfaction of current necessities of public and organs of local self-government authorities, that not in a complete measure answers their setting. An analysis of the current legislation of Ukraine on public procurement provides grounds for the conclusion that it applies to all utilities without exception, including those created for commercial activities and profit in the interests of the local community. However, proving the fact, that the economic activity of enterprise has exclusively commercial in nature and is not carried out at the expense of the budget, releases the municipal commercial enterprise from the obligation to comply with the public procurement procedure established by the Law of Ukraine “On Public Procurement” services. The need for public procurement has a negative impact on the economic performance of utility companies, as in many cases it forces them to purchase cheap goods and services that do not meet the company’s requirements for functionality or quality. Suchsituation reduces the interest in development of communal commercial enterprises and encourages owners to liquidate them, which creates the preconditions for the emergence of corrupt schemes to withdraw funds from local budgets. With the aim of conditioning for effective realization by the business communal enterprises of economic activity in interests of local communities, the leadingout of these enterprises offers the author of the article from under the action of legislation of Ukraine about public purchases. Key words: purchases for budgetary funds, public procurements, communal commercial enterprises.

scholarly journals Public procurement culture after accession to the EU – The case of a Central European transition country

2018 ◽  
Vol 1 (1) ◽  
pp. 52-61
Author(s):  
Tünde Tátrai
Keyword(s):  
Public Procurement ◽  
European Court Of Justice ◽  
The European Union ◽  
Transition Country ◽  
Central European ◽  
Court Of Justice ◽  
European Court ◽  
European Public ◽  
The Eu ◽  
Slow Learning

Understanding and implementing European public procurement directives does not mean that countries that joined the European Union at a later stage were immediately able to adjust to their logic. It is not necessarily a problem of skills; cumbersome and slow learning is due much more to cultural differences, and lack of practice and knowledge of the interpretation of law by the European Court of Justice. This article sums up the results of four surveys presenting the changes in Hungary’s public procurement culture over 10 years, which has a useful message for other more recent Member States.

scholarly journals Licensing of Tourist Activity in Foreign Countries

2021 ◽  
pp. 87-97
Author(s):  
Olena CHERNIAK ◽  
Alla KIRYK
Keyword(s):  
Tourism Development ◽  
Legal Framework ◽  
Legal Regulation ◽  
State Regulation ◽  
Tourism Industry ◽  
State Agency ◽  
The European Union ◽  
Public Authorities ◽  
Foreign Countries ◽  
Travel Agencies

The tourism industry has been studied as one of the important components of the world economy. The place and role of licensing of tourist activity in the system of state regulation in the field of tourism are considered. The normative-legal regulation of licensing of tourist activity in Ukraine is analyzed. It is determined that the obligation to issue licenses for the right to conduct tour operators is assigned to the State Agency for Tourism Development of Ukraine (DART). The views of representatives of the tourism business on the abolition of licensing of travel agencies in Ukraine, which was carried out on the basis of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine to Restrict State Regulation of Economic Activity». Modern approaches to the protection of the rights and legitimate interests of tourism market participants in some countries and in Ukraine are analyzed. The procedure for issuing licenses for tourism activities in such popular tourist countries as Italy, France, Great Britain, Turkey, Thailand, Japan and the UAE is considered. The legal regulation of tourism in the European Union is studied and the Directive (EU) № 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package tours and related travel organizations is analyzed, which aims to promote the proper functioning of the internal market and achieve the highest possible higher and equal level of protection of consumers of tourist services. It is determined which public authorities in foreign countries are responsible for state regulation of tourism. The types of licenses that can be obtained when opening travel agencies in foreign countries are considered. It is established that the procedure for obtaining a license differs from country to country and depends on a number of factors, including: models of public tourism management, development of the general legal framework, formation and structure of the tourism market, the presence of an association of tourism professionals. The improvement of state regulation of tourism development in Ukraine on the basis of international experience is analyzed. The directions of Ukraine which are directed on improvement of tourist sphere, namely introduction of the register of subjects of tourist activity are defined.

Public-Private Partnerships in Slovenia: Recent Developments and Perspectives

2010 ◽  
Vol 35 (2) ◽  
pp. 191-215 ◽  
Author(s):  
Katarina Zajc ◽  
Bojan Tičar
Keyword(s):  
Public Service ◽  
Public Procurement ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Private Partnerships ◽  
The European Union ◽  
Economic Rationale ◽  
Open Questions ◽  
Recent Developments ◽  
Definition Of

AbstractIn this article, the authors define and analyze the legal framework for public-private partnerships (PPP) as a new institution under Slovenian law. In the first part of the article, the authors discuss the legal definition of PPP in the European Union. In the authors' opinion, the EU's concept of PPP can be defined and regulated in several ways. As a result, the understanding of PPP differs from one member state to another. A related issue is the question of the definition of 'public service'. Before defining and discussing new forms of PPP as determined in the 2006 Slovenian Law on PPP, the authors discuss the economic rationale for implementing the two types of PPP in Slovenia: special contractually based partnerships and corporate-based partnerships. The former can be a concession agreement or public-procurement agreement, while the latter is a type of newly established or newly transformed legal entity. In the next part of the article, the authors describe new legal procedures governing PPP arrangements in the future and and offer some limited empirical evidence on those concession agreements that already exist in Slovenia. The authors conclude the article with some open questions about the legal regulation of PPP in the Slovenian legal system as well as an international comparison.

scholarly journals The Impact of Professionalization in Public Procurement – evidence from a case study

2019 ◽  
Vol 1 (2) ◽  
pp. 59-73
Author(s):  
Maria Antonietta Coppola ◽  
Gustavo Piga
Keyword(s):  
Public Procurement ◽  
Real Life ◽  
Legal Framework ◽  
Necessary Condition ◽  
The European Union ◽  
International Environment ◽  
Public Money ◽  
Final Answer ◽  
The Impact

The importance of public procurement for achieving value for money in public purchases – thus obtaining important savings in the use of taxpayers’ money and effectiveness in meeting citizen’s demand for public goods of a given quality – is widely recognised, as made clear by the Directive 2014/24 of the European Union and the international legal framework for public procurement at large. But how can these goals be met? Professionalization is a necessary condition and thus represents a key part of the final answer. But what kind of professionalization is really needed? In what environment? With which results? These questions are rarely answered with real life examples. Taking advantage of a questionnaire-based cohort of individuals that have gone through a process of professionalization in an international environment, this paper expands on its challenges and on the importance of professionalization of the persons working in public procurement-related activities as key to an efficient use of public money.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

scholarly journals An Acid Test for Europeanization: Public Cyber Security Procurement in the European Union

2019 ◽  
Vol 5 (2) ◽  
pp. 349-377
Author(s):  
Jukka Ruohonen
Keyword(s):  
European Union ◽  
Cyber Security ◽  
Public Procurement ◽  
Public Law ◽  
The European Union ◽  
European Security ◽  
Public Authorities ◽  
Defense Procurement ◽  
Acid Test ◽  
The Eu

Abstract Public procurement refers to processes through which national, regional, and local public authorities, state-owned enterprises, or other related bodies governed by public law, purchase products, services, and public work. Such purchases have been a particularly important element in developing the Internal Market of the European Union (EU). Given recent procurement reforms in the EU, including the 2009 reform on defense procurement, this paper examines public cyber security procurement in Europe. Two questions are examined: (1) whether cyber security procurement differs from public procurement in general, and (2) whether there are any noteworthy signs of Europeanization in terms of cyber security procurement. According to the empirical results, cyber security procurement tends to differ from general public procurement. In particular, competition obstacles are visible in terms of bids for cyber security procurement tenders. This result is accompanied with a visible lack of Europeanization, although the same observation generalizes to public procurement in the EU generally. With these results and the accompanying discussion, the paper contributes to the recent lively discussion about European security and its relation to marketization.

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