Beschaffungsdienstleister im Vergabeverfahren

2022 ◽  
Author(s):  
Nicole Lieb
Keyword(s):  
Real World ◽  
Service Provider ◽  
Legal Status ◽  
Public Procurement ◽  
Division Of Labour ◽  
Legal Requirements ◽  
Legal Policy ◽  
Policy Suggestions ◽  
Comprehensive Manner ◽  
First Time

For the first time, this research opens up the field of procurement services, which has long existed in the real world, in a profound and comprehensive manner by developing a phenomenology and typology based on Art. 2 (1) No. 17 Directive 2014/24/EU. In essence, Nicole Lieb sheds light on the legal status of the procurement service provider and examines the legal requirements for the division of labour between it and the contracting authority in the context of an award procedure (the whether, the how and the consequences). Finally, valuable legal policy suggestions are made for the professionalisation of public procurement.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

scholarly journals The Forensic Entomology Case Report—A Global Perspective

Insects ◽  
2021 ◽  
Vol 12 (4) ◽  
pp. 283
Author(s):  
Zanthé Kotzé ◽  
Sylvain Aimar ◽  
Jens Amendt ◽  
Gail S. Anderson ◽  
Luc Bourguignon ◽  
...  
Keyword(s):  
Case Report ◽  
Forensic Entomology ◽  
Professional Associations ◽  
Global Perspective ◽  
Legal Requirements ◽  
Standard Format ◽  
Complete Report ◽  
Colonization Time ◽  
First Time

Forensic practitioners analyzing entomological evidence are faced with numerous challenges when presenting their findings to law practitioners, particularly in terms of terminology used to describe insect age, what this means for colonization time of remains, and the limitations to estimates made. Due to varying legal requirements in different countries, there is no standard format for the entomological case report prepared, nor any guidelines as to the sections that are required, optional or unnecessary in a case report. The authors herein propose sections that should be considered when drafting an entomological case report. The criteria under which entomological evidence is analyzed are discussed, as well as the limitations for each criterion. The concept of a global, standardized entomological case report is impossible to achieve due to national legislative differences, but the authors here propose a basic template which can be adapted and changed according to the needs of the practitioner. Furthermore, while the discussion is fairly detailed, capturing all differences between nations could not be accomplished, and those initiating casework for the first time are encouraged to engage other practicing forensic entomologists or professional associations within their own nation or region, to ensure a complete report is generated that meets lab or national requirements, prior to generating a finalized report.

scholarly journals How to evaluate sustainability of supply chains? A dynamic network DEA approach

2017 ◽  
Vol 117 (9) ◽  
pp. 1866-1889 ◽  
Author(s):  
Vahid Shokri Kahi ◽  
Saeed Yousefi ◽  
Hadi Shabanpour ◽  
Reza Farzipoor Saen
Keyword(s):  
Big Data ◽  
Supply Chains ◽  
Real World ◽  
Performance Optimization ◽  
Network Dynamic ◽  
Network Dea ◽  
Content Type ◽  
Dea Model ◽  
Proposed Model ◽  
First Time

Purpose The purpose of this paper is to develop a novel network and dynamic data envelopment analysis (DEA) model for evaluating sustainability of supply chains. In the proposed model, all links can be considered in calculation of efficiency score. Design/methodology/approach A dynamic DEA model to evaluate sustainable supply chains in which networks have series structure is proposed. Nature of free links is defined and subsequently applied in calculating relative efficiency of supply chains. An additive network DEA model is developed to evaluate sustainability of supply chains in several periods. A case study demonstrates applicability of proposed approach. Findings This paper assists managers to identify inefficient supply chains and take proper remedial actions for performance optimization. Besides, overall efficiency scores of supply chains have less fluctuation. By utilizing the proposed model and determining dual-role factors, managers can plan their supply chains properly and more accurately. Research limitations/implications In real world, managers face with big data. Therefore, we need to develop an approach to deal with big data. Practical implications The proposed model offers useful managerial implications along with means for managers to monitor and measure efficiency of their production processes. The proposed model can be applied in real world problems in which decision makers are faced with multi-stage processes such as supply chains, production systems, etc. Originality/value For the first time, the authors present additive model of network-dynamic DEA. For the first time, the authors outline the links in a way that carry-overs of networks are connected in different periods and not in different stages.

scholarly journals Efficacy of BRAF and MEK Inhibition in Patients with BRAF-Mutant Advanced Melanoma and Germline CDKN2A Pathogenic Variants

Cancers ◽  
2021 ◽  
Vol 13 (10) ◽  
pp. 2440
Author(s):  
Francesco Spagnolo ◽  
Bruna Dalmasso ◽  
Enrica Tanda ◽  
Miriam Potrony ◽  
Susana Puig ◽  
...  
Keyword(s):  
Real World ◽  
Response Rate ◽  
Suppressor Gene ◽  
Phase Iii ◽  
Clinical Activity ◽  
P Value ◽  
Pathogenic Variants ◽  
Phase Iii Trials ◽  
The Difference ◽  
First Time

Inherited pathogenic variants (PVs) in the CDKN2A tumor suppressor gene are among the strongest risk factors for cutaneous melanoma. Dysregulation of the p16/RB1 pathway may intrinsically limit the activity of MAPK-directed therapy due to the interplay between the two pathways. In our study, we assessed, for the first time, whether patients with germline CDKN2A PVs achieve suboptimal results with BRAF inhibitors (BRAFi)+/−MEK inhibitors (MEKi). We compared the response rate of nineteen CDKN2A PVs carriers who received first-line treatment with BRAFi+/−MEKi with an expected rate derived from phase III trials and “real-world” studies. We observed partial response in 16/19 patients (84%), and no complete responses. The overall response rate was higher than that expected from phase III trials (66%), although not statistically significant (p-value = 0.143; 95% CI = 0.60–0.97); the difference was statistically significant (p-value = 0.019; 95% CI = 0.62–0.97) in the comparison with real-world studies (57%). The clinical activity of BRAFi+/−MEKi in patients with germline CDKN2A PV was not inferior to that of clinical trials and real-world studies, which is of primary importance for clinical management and genetic counseling of this subgroup of patients.

scholarly journals Early contractor involvement approaches in public project procurement

2018 ◽  
Vol 18 (4) ◽  
pp. 355-378 ◽  
Author(s):  
Paulos Abebe Wondimu ◽  
Ali Hosseini ◽  
Jadar Lohne ◽  
Ola Laedre
Keyword(s):  
Success Factors ◽  
Public Procurement ◽  
Business Practices ◽  
Public Project ◽  
Content Type ◽  
The Public ◽  
Treat All ◽  
First Time ◽  
Project Procurement ◽  
Depth Interviews

Purpose Early contractor involvement (ECI) faces many barriers when it is implemented in public procurement, given that it is different from traditional business practices. Primarily, public owners face a major challenge, as they should treat all bidders equally. The purpose of this paper is to explore suitable ECI approaches that public owners could use. Design/methodology/approach In addition to a literature and document study, 14 semi-structured in-depth interviews with key personnel from 11 cases selected from Norwegian public bridge projects were carried out. Findings In all, 23 unique approaches of ECI were identified during this research (16 from literature and 7 new from case projects). The findings provide a new direction to ECI through introducing new approaches of ECI from the case projects. Originality/value This paper for the first time presents several alternatives of ECI approaches for public owners with the intention of illustrating ECI is actually possible in the public project procurement. Furthermore, it presents for the first time success factors of ECI with the intention of increasing the understanding of ECI concept from a public procurement perspective.

scholarly journals Globalized Cross-Border Insolvency Law: The Roles Played by China

2021 ◽  
Author(s):  
Zinian Zhang
Keyword(s):  
International Law ◽  
Legal Status ◽  
Private International Law ◽  
Insolvency Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
Foreign Judgment ◽  
Judicial Assistance ◽  
First Time

AbstractThis study empirically investigates China’s participation in the globalized cross-border insolvency collaboration system. It is the first time for the development of China’s cross-border insolvency law to be examined against the background of private international law on foreign judgment recognition and enforcement. The findings of this article reveal that foreign bankruptcy representatives face considerable difficulties in satisfying the treaty and reciprocity requirements when seeking judicial assistance from China, and that local protectionism in favour of China’s state-owned and state-linked companies undermines foreign bankruptcy representatives’ confidence in approaching China’s courts for support. Although there are several court recognitions of foreign bankruptcy judgments in China, this article finds that they are only used to acknowledge the legal status of foreign bankruptcy representatives to meet the demands of government authorities; Chinese courts have not taken a substantial step in recognizing a foreign bankruptcy judgment so as to bar individual creditors’ action in the interest of a foreign bankruptcy proceeding. On the contrary, for Chinese bankruptcy representatives seeking assistance abroad, they could take advantage of the liberal judicial infrastructure, especially of some advanced jurisdictions, to obtain recognition and relief.

scholarly journals FIRST DIGIT DISTRIBUTION OF HADRON FULL WIDTH

2009 ◽  
Vol 24 (40) ◽  
pp. 3275-3282 ◽  
Author(s):  
LIJING SHAO ◽  
BO-QIANG MA
Keyword(s):  
Real World ◽  
Particle Physics ◽  
Benford’S Law ◽  
Full Width ◽  
Scale Invariant ◽  
Benford's Law ◽  
Science Domain ◽  
Logarithmic Distribution ◽  
First Time ◽  
Power Invariant

A phenomenological law, called Benford's law, states that the occurrence of the first digit, i.e. 1, 2,…, 9, of numbers from many real world sources is not uniformly distributed, but instead favors smaller ones according to a logarithmic distribution. We investigate, for the first time, the first digit distribution of the full widths of mesons and baryons in the well-defined science domain of particle physics systematically, and find that they agree excellently with the Benford distribution. We also discuss several general properties of Benford's law, i.e. the law is scale-invariant, base-invariant and power-invariant. This means that the lifetimes of hadrons also follow Benford's law.

LEGAL STATUS OF THE MEDIATOR

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 341-357
Author(s):  
Aneta Krasuń
Keyword(s):  
Legal Status ◽  
Labor Law ◽  
Legal Requirements

The purpose of this article is to analyze the legal status of the mediator in mediation proceedings, focusing primarily on mediators who have been appointed to handle cases in the field of labor law. In the presented publication, I will refer to the legal requirements with respect to the mediator, which are indicate d both in the provisions of law and in the provisions of statutory rank, and the requirements that are not of a normative nature.

Conflict resolution practice in public procurement: evidence from Russia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Yuliya Rodionova
Keyword(s):  
Conflict Resolution ◽  
Large Scale ◽  
Public Procurement ◽  
Content Type ◽  
Conflict Situations ◽  
Judicial Proceedings ◽  
Survey Results ◽  
Conflict Handling ◽  
Informal Relations ◽  
First Time

Purpose This paper aims to analyze conflict resolution practice in public procurement. The specific feature of this sphere is the presence of the state and the resulting differences in assessing the chances of protecting one’s interests in court, as well as the effectiveness of judicial conflict resolution mechanisms. Design/methodology/approach This paper is based on the findings of a large-scale survey of suppliers conducted in 2017. To identify the characteristics of suppliers that use different conflict resolution mechanisms, probit-models were evaluated. For robustness check, combined mechanisms for resolving conflict situations were also considered and multi-nomial logistic regression was used. Findings The survey results showed that the majority of suppliers prefer to resolve conflicts in public procurement using an out-of-court negotiation with procurers while only 31% of respondents resort to judicial proceedings. At the same time, suppliers potentially involved in informal relations with procurers, are less likely to go to court and less often use negotiations. Practical implications The results of the study can be used as a justification for the development of a regulatory and organizational framework for the use of negotiations, mediation, arbitration and other alternate methods of conflict resolution in public procurement. Originality/value This paper makes an important contribution to the conflict-handling strategies of businesses and government by presenting for the first time a quantitative assessment of the prevalence of mechanisms for resolving conflicts in public procurement and factors influencing the choice of a conflict resolution mechanism.

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