scholarly journals Legal regulation of public procurement: the EU experience

2021 ◽  
pp. 192-201
Author(s):  
A. KRYVENKO
Keyword(s):  
European Union ◽  
Development Process ◽  
Public Procurement ◽  
Legal Regulation ◽  
The European Union ◽  
The Public ◽  
European Legislation ◽  
Foreign Countries ◽  
The Eu

The article analyses the development process and establishment of the public procurement institute in Ukraine and foreign countries, examines the organizational and legal regulation of public procurement in Ukraine, identifies legal regulation of public procurement in the European Union and ways to implement the experience of European legislation in the field of public procurement in Ukraine.

scholarly journals The European Union competence in the public health field

2021 ◽  
pp. 87-92
Author(s):  
V. O. Tyumentsev
Keyword(s):  
Public Health ◽  
European Union ◽  
Legal Regulation ◽  
Health Protection ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Legal Provisions ◽  
Health Field ◽  
The Eu

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.

scholarly journals Small and Medium-Sized Enterprises on the Public

Equilibrium ◽  
2011 ◽  
Vol 6 (2) ◽  
pp. 23-46 ◽  
Author(s):  
Janusz Kornecki
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Basic Research ◽  
Market Potential ◽  
The European Union ◽  
The Public ◽  
Public Resources ◽  
Economic Vitality ◽  
The Eu

Small and medium-sized enterprises are believed to be a key driving force of economic vitality, innovation and new job creation. For a few years the European Union has been monitoring SME performance and the quality of public procurement procedures to make access of SMEs to the public procurement market easier and provide for their greater participation in this market. These activities have their origin in the assumption that having in mind the size of the public procurement market and public resources involved, suitable shaping of this area may improve effectiveness of selected policies at the EU level and in particular member countries. The directives concerning public procurement should ensure opening the market of public procurement for all enterprises irrespectively of their size. Recently the public procurement market in Poland has been continuously growing which doubtlessly resulted from Poland’s accession to the European Union. The aim of this paper is to give evidence of SME position on the public procurement market and to attempt to answer two basic research questions. Firstly, is the market potential fully used as far as applying for awarding public contracts by SMEs is concerned? And secondly, what are the main obstacles determining the access of SMEs to the public procurement market? This is done by reference to available statistical data and two studies that were carried out by the author.

Sustainable Public Procurement as an Instrument for the Implementation of Sustainable Development in the European Union

2020 ◽  
pp. 77-95 ◽  
Author(s):  
Małgorzata Burchard-Dziubińska ◽  
Tomasz Jakubiec
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Public Sector ◽  
Public Procurement ◽  
Market Potential ◽  
The European Union ◽  
Socially Responsible ◽  
The Public ◽  
Green Public Procurement ◽  
The Eu

The aim of the considerations is to assess the effectiveness of sustainable public procurement (SPP) as a tool for the implementation of sustainable development in the European Union. The chapter discusses the legal bases for the use of sustainable public procurement in the EU, the potential of the public sector in the implementation of sustainable development through public procurement in the EU, functioning of the market for sustainable public procurement, market potential of the public sector of the European Union in the implementation of sustainable development through public procurement, good practices and barriers related to green public procurement (GPP), and socially responsible procurement (SRPP). The chapter ends with conclusions from the research and practical recommendations regarding the use of sustainable public procurement in the European Union.

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 LEGAL REGULATION OF TOBACCO AND TOBACCO PRODUCTS IN THE SLOVAK REPUBLIC AND IN THE EUROPEAN UNION

2013 ◽  
Vol 2 (2) ◽  
pp. 44-53
Author(s):  
Barbara Pavlíková
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
Legal Regulation ◽  
The European Union ◽  
Negative Consequences ◽  
Tobacco Products ◽  
Excise Duty ◽  
Analysis And Synthesis ◽  
Regulatory Instruments ◽  
The Eu

Abstract The contribution deals with the Slovak and the EU legal regulation of tobacco and tobacco products. Its primary purpose is to point out the Slovak and European legal acts which constitute the main regulatory instruments in this field using the method of analysis and synthesis. Rules of production, distribution and conditions of use of tobacco and products thereof are in the Slovak Republic contained mainly in two acts - the Act No 335/2011 Coll. on Tobacco Products and the Act No 377/2004 Coll. on the Protection of Non-smokers, as well as in special Decree No 212/2012 Coll., regulating tobacco products. Regulation of excise duty on tobacco products can be found in the Act with the same name - Act No 106/2004 Coll.. Another objective of the paper is also to draw attention to the amendment of Act on Protection of Non-smokers which entered into force on 1 July 2013. The European Union struggles with the negative consequences of smoking at the supranacional level and its institutions - the European Commission, the European Parliament and the Council of the EU - are already for several years adopting legal acts to facilitate uniformity and easier interpretation of European law also in the field of legal regulation of tobacco and tobacco products. The predominant part of the existing legislation deals with the approximation of laws in areas that are closely related to the manufacture, presentation and sale of tobacco products, but also to the collection of taxes from these products.

scholarly journals Policy, trade, economic, and technological aspects of improving nutrient intake and lifestyles in the European Union

2001 ◽  
Vol 4 (2a) ◽  
pp. 325-336 ◽  
Author(s):  
Jo Hautvast ◽  
Ibrahim Elmadfa ◽  
Mike Rayner
Keyword(s):  
Physical Activity ◽  
European Union ◽  
European Commission ◽  
European Community ◽  
Vegetable Consumption ◽  
The European Union ◽  
The Public ◽  
Nutrition Labelling ◽  
Nutrition Committee ◽  
The Eu

Summary of recommendations1.A new Nutrition Committee for the European Union1.1 A new Nutrition Committee for the European Union, should be created to give independent scientific and policy advice on nutrition, diets and physical activity to the Commission. This should be supported by a strengthened Nutritional Unit within the Commission.2.Policy development2.1 There needs to be a comprehensive and coherent nutritional policy for the EU2.2 The development of European dietary goals should continue after the completion of the Eurodiet Project.2.3 The European Commission should revise its Recommended Daily Allowances for vitamins and minerals using a systematic, evidence-based approach. Recommended Daily Allowances should be set at a level which would prevent deficiencies and lower the risk of disease.2.4 The European Commission should produce, preferably every four years, a report on the state of nutrition, diet and physical activity in the EU. This report should contain proposals for action3.Components of a nutrition policyEducation3.1 The European Commission should not be involved in the direct delivery of lifestyle advice to the public.3.2 The European Commission should continue to support networks whose members are involved in educating the public and in training professionals about nutrition, diets and physical activity.Research3.3 European Community funding of health-related research should better reflect the Community's public health priorities.3.4 The European Community should ear-mark funds for large, multi-centre studies into nutrition, diet and physical activity with a duration of up to 10 years.Consumer protectionFood labelling3.5 The European Commission should draw up proposals for the regulation of health claims.3.6 The European Community should agree rules for the use of nutrition claims along the lines agreed by the Codex Alimentarius Commission.3.7 The European Commission should review the 1990 Nutrition Labelling Directive particularly with a view to making nutrition labelling more comprehensible and it should encourage the development of other ways of providing consumers with information about the nutrient content of foods though, for example, the Internet.Food composition3.8 The European Commission should review the Novel Food Regulations, particularly with a view to ensuring that the nutritional consequences of consuming novel foods are better assessed and to making approval procedures more efficient.3.9 European Community rules on food fortification and on food supplements should be harmonised but in such a way that the interests of consumers are paramount.Agriculture policy3.10 The Common Agriculture Policy should be subject to a regular and systematic health impact assessment.3.11 Given that there are subsidies under the Common Agricultural Policy designed to increase consumption of surplus food, these should be directed towards promoting the consumption of foods for which there is strong evidence of a need for increased consumption in the EU for health reasons.Special issuesFruit and vegetable consumption3.12 The promotion of increased fruit and vegetable consumption across the EU should be a key aspect of the European Union's proposed nutrition policy.Breast feeding3.13 The European Union should review its policy on breast feeding including assessing and, if necessary, improving its legislation on breast milk substitutes and maternity leave.Physical Activity3.14 The European Union should have a policy for promoting physical activity in Europe. This should be part of, or at least closely integrated with, the European Union's proposed nutritional policy.

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.

Approximating Ukraine’s Laws to Those of the European Union Concerning Meat and Meat Products Cold Chain

2020 ◽  
Vol 9 (3) ◽  
pp. 978
Author(s):  
Kateryna O. RODIONOVA ◽  
Volodymyr M. STESHENKO ◽  
Ivan V. YATSENKO
Keyword(s):  
European Union ◽  
Meat Products ◽  
Legal Regulation ◽  
Cold Chain ◽  
The European Union ◽  
Meat Processing ◽  
Processing Industry ◽  
Eu Legislation ◽  
The Eu

The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.

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