Related Papers
Julien Chaisse, Jędrzej Górski and Dini Sejko (eds), The Regulation of State-controlled enterprises: An Interdisciplinary and Comparative Examination (Springer)
Global Liberalisation of Public–Private Partnerships (PPPs) as Form of State-Controlled Enterprises (SCEs)
2022 •
Jędrzej Górski
Public projects in the field of public infrastructure, energy, utilities, or any significant public projects are increasingly outsourced via public–private partnerships (PPPs) and lure multinational enterprises spanning their operations across multiple jurisdictions with varying market entry barriers for foreign investors. The incentives and hindrances to participation in PPPs by such foreign investors could be tied to the level of international liberalisation, primarily of government procurement markets, and secondarily of investment and provision of services in heavily regulated sectors, like utilities. These also rest on proper protection of investment by foreign persons, along with the position of such persons in resolving controversies that might arise between a public and a private partner. The opening of PPP markets is increasingly addressed in procurement chapters of high-standard regional trade agreements (RTAs) like the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This follows the developments in the World Trade Organization (WTO) Government Procurement Agreement (GPA) and EU procurement directives whereby PPPs have been gradually incorporated into coverage of the WTO GPA by the back door, i.e. party-specific schedule of commitments and EU’s public-procurement-derived procedural framework has been gradually perfectioned to reflect the complexity of PPPs. The instruments like the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Investment Measures (TRIMs) are relevant for the liberalisation of PPPs to the extent that general-commerce freedom of the provision of services and investment by foreign persons in most cases is a prerequisite for access to PPP markets. The related dispute-settlement issues can be differentiated into disputes emerging before and after the conclusion of PPP contractors. Market-access procurement-derived instruments set a framework for resolving disputes between potential private partners competing for PPP contracts on the one side with contracting authorities (public partners) on the other side. Such instruments also largely secure the stability of PPPs agreement, adding to the investment-protection environment. In turn, the bilateral investment agreements (BITs) and investment chapters of RTAs in principle cover PPPs classifiable as a foreign investment despite excluding public procurement from their scope of application expressly.
Analysis of the First Draft of the Moldovan Law on Public Private Partnerships
Wolfgang Tiede
Public Administration and Public Policy
Decision Technological Foundations of Public Procurement Processes
2008 •
Csaba Csaki
EU PUBLIC PROCUREMENT: CONTRACTUAL IMPLEMENTATION AND VIABILITY OF EPC CONTRACTS FOR PROVISIONS ON MARINE AND OFFSHORE INFRASTRUCTURES FOR THE PUBLIC SECTOR
EU PUBLIC PROCUREMENT - CONTRACTUAL IMPLEMENTATION AND VIABILITY OF EPC CONTRACTS
2020 •
Alf Josefsen
This thesis was a structured analysis of the phases of the public procurement process, which included planning and implementing the contract structure. Systematically investigated methods included, among others, the critical planning phase, contracts financed by the EU as stipulated in the Directives 2014/23/EU, 2014/24/EC, and 2014/25/EU, applicable thresholds, and contracting below limits. The interpretative communications issued by the Directives on specific topics, including improvement, are not only under its legal control but its implemented under the application of management. Alternatives for the viability of EPC contracts were expressed within the regulation of public procurement in the EU. Although the argument presented in this thesis has nothing legally binding, even so, an attempt has been made to provide general knowledge, concepts, ideas, and solutions proposed by the research questions when interpreting it within the legal framework. Likewise, it did not prejudge the interpretation of the provisions of the applicable legislation that the Commission has prepared. This research identified some difficulties in the public contracting process and expressed some among them analyzed by judgments issued by disputes in contract resolution. These conditions were described to increase shared understanding. It was found that the contracting framework could work thoroughly on marine and other technology projects when the contractor understands all contractual aspects, including risk allocation.
EU Public Procurement: Contractual Implementation and Viability of EPC Contracts for Provisions on Marine and Offshore Infrastructures for the Public Sector
2020 •
Alf Josefsen
Veiko Lember
Polish Review of International and European Law (The)
Choosing the Private Partner for a Public Private Partnership: a European Union Law Perspective on the Polish Practice
2013 •
Marta Andhov
Central Banks and Their Status Under Community Procurement Legislation
Jorge García-Andrade Gómez, Phoebus Athanassiou
European case-law includes independent authorities among those within the scope of application of public procurement directives, since they are also created by the State and therefore dependant on it.
Review of Central and East European Law
Public-Private Partnerships in Slovenia: Recent Developments and Perspectives
2010 •
katarina zajc
Social goals via public contracts in the EU: a new deal
Barbara Boschetti
The Public Procurement market (and public procurement law) is an interesting test field for the new horizons in sustainable and socially responsible public policies. The use of the public procurement market as a means for obtaining wider community benefits is quite common in the European and national frameworks: however, the most recent directives drafted in 2014 and their transposition into national law contain some significant new elements which impact directly on the balance of the interests at stake – mainly on market competitiveness and cost-efficiency-as well as more generally on the ways of guaranteeing and preserving this balance. The main novelty introduced by the new Public Procurement (PP) directives lies, undoubtedly, in the the key role that has been assigned to Buying Sustainable Approaches (BSAs) and the reliance that has been placed on public procurement procedures and contracts to achieve horizontal objectives. A broader European public contracts market (embracing social services and PPPs too), a wider range of horizontal objectives that can be incorporated into tender procedures (at any stage), the clear preference for BSAs linked to specific legal obligations and/or administrative provisions and the consequent key role assigned to Member States to regulate relevant goals, related obligations and MBAs, the provision of more flexible and adaptable procedures, a sticter interconnection between the different stages of the tender procedure, the significant role of past non performance: all these measures can be considered part of the new deal EU law aims to promote via public contracts. To the cost-effectiveness of the European integrated strategy and its contract-centered scenario, regulatory efforts aiming at both harmonizing BSAs legislative framework (starting from the setting out of goals and connected obligations) and tender documentation and contract design are success keys. This brings into play a wide set of legal instruments (including soft regulation ones) and a wide list of actors (other than States and their legislative branches). Only in such a synergic and multi-level horizon, the flexibility which has been boosted by the 2014 european directives on public procurement can sail in calm waters and ensure that key high impact social goals are achieved. «SUMMARY»: 1. Attaining social goals via public contracts: the (new) EU integrated approach-2. Social goals via public contracts in the EU: who sets the bar and strikes the balance?-3. Tailoring buying sustainable approaches (BSAs): an introduction-3.1. BSAs through participation requirements-3.2. BSAs through award criteria.-3.3. BSAs through contract performance conditions-4. Labour conditions in the EU public procurement market: an already fully harmonized sector?-5. Economic freedoms, worker protection and territorial constraints concerning the place of contract performance 6. Conclusions 1. The EU PP market is worth 16% of EU GDP 1. It offers, therefore, a great opportunity to achieve a vast list of horizontal objectives across the Eurozone 2 : from environmental protection and
