scholarly journals A execução de políticas públicas sociais no novo regime da contratação pública da União Europeia: a relevância das organizações do Terceiro Sector / The implementation of social public policies in the new public procurement regime in the European Union: the relevance of Third Sector organizations

2021 ◽  
Vol 3 (1) ◽  
pp. 579-591
Author(s):  
Licínio Lopes Martins ◽  
Maria do Céu Colaço dos Santos
Author(s):  
Jacinto J. Marabel

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.


2021 ◽  
Vol 1 (15) ◽  
pp. 242-250
Author(s):  
Jana Simanovska ◽  
Inese Pelsa

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.


2019 ◽  
Vol 29 ◽  
pp. e10194
Author(s):  
Camila Andrea Herrera-Melo ◽  
Juan Sebastián González Sanabria

The provision of portals that serve as a source of access and availability of public domain data is part of the adoption of public policies that some government entities have implemented in response to the establishment of an open, transparent, multidirectional, collaborative and focused on citizen participation government, both in monitoring and in making public decisions. However, the publication of this data must meet certain characteristics to be considered open and of quality. For this reason, studies arise that focus on the approach of methodologies and indicators that measure the quality of the portals and their data. For the aim of this paper, the search of referential sources of the last six years regarding the evaluation of data quality and open data portals in Spain, Brazil, Costa Rica, Taiwan and the European Union was carried out with the objective of gathering the necessary inputs for the approach of the methodology presented in the document.


2016 ◽  
Vol 18 ◽  
pp. 93-121
Author(s):  
Albert SANCHEZ-GRAELLS

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.


1999 ◽  
Vol 77 (2) ◽  
pp. 387-406 ◽  
Author(s):  
Stephen Martin ◽  
Keith Hartley ◽  
Andrew Cox

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