"This book honours the contribution of Sue Arrowsmith as the leading scholar in the field of public procurement law. Divided into 3 main parts - the UK, the EU, and the world - it focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. The chapters are written by experts from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform"--
The decision not to launch negotiations in the World Trade Organization (WTO) on three of the Singapore Issues in the so-called July 2004 package provides an opportunity to revisit the knowledge base on which proposals for further international collective action may be drawn. This paper examines the available evidence on public procurement practices in developing countries that could be relevant to further multilateral rule making on state purchasing. Although there is considerable agreement on ends (efficient, non-corrupt, and transparent public purchasing systems), little information is available on means and, in particular, on the effective and replicable strategies that developing countries can adopt to improve their public procurement systems. A concerted effort to substantially add to the knowledge base on public procurement reforms in developing countries, through targeted research and international exchange of information on implemented procurement policies and outcomes, is critical to identifying areas where further binding multilateral disciplines may be beneficial.
Appropriate laws and regulations are essential tools to direct the action of procurers toward the public good and avoid corruption and misallocation of resources. Common laws and regulations across regions, nations and continents potentially allow for the further opening of markets and ventures to newcomers and new ideas to satisfy public demand. Law and Economics of Public Procurement Reforms collects the original contributions related to the new European Union Directives approved in 2014 by the EU Parliament. They are of both economists and lawyers, and have been presented in a manner that allows for exchanges of views and "real time" interaction. This book features, for each section, an introductory exchange between two experts of different disciplines, made up of a series of sequential interactions between an economist and a lawyer, which enriches the liveliness of the debate and improve the mutual understanding between the two professions. Four sections characterize this book: Supporting social considerations via public procurement; Green public procurement; Innovation through innovative partnerships; and Lots - The Economic and Legal Challenges of Centralized Procurement. These themes have current relevance of the new European Public Procurement Directives. Written by an impressive array of experts in their respected fields, this volume is of great importance to practitioners who work in the field of EU public procurement in the Member States of the EU, as well as academics and students who study public finance, public policy and regulation.
Public procurement affects a substantial share of world trade flows, amounting to 1000 billion euros per year. In the EU, the public purchase of works, goods and services has been estimated to account on average for 16 percent of GDP. The novelty of this book is that it focuses on the new European Union Directives approved in 2014 by the EU Parliament. The book consists of original contributions related to four specific themes of interest to the procurers’ day-to-day role in modern public purchasing organizations – both economists and lawyers – allowing for relevant exchanges of views and “real time” interaction. The four sections which characterize the book are Life-cycle Costing in Public Procurement; Calculating Costs and Savings of Public Procurement; Corruption and Probity in Public Procurement and Public Procurement and International Trade Agreements: CETA, TTIP and beyond. These themes have been chosen for their current relevance in relation to the new European Public Procurement Directives and beyond. The original format features, as is the case with the first three volumes, an introductory exchange between leading academics and practitioners, from differing disciplines. It offers a series of sequential interactions between economists, lawyers and technical experts who supplement one another, so as to enrich the liveliness of the debate and improve the mutual understanding between the various professions. This essential guide will be of interest to policymakers, academics, students and researchers, as well as practitioners working in the field of EU public procurement.
Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
This book presents an interdisciplinary exploration of the governance of public procurement reform in Africa. Through a bottom-up approach to case studies and comparative analyses, scholars, practitioners, and social activists write about the organizational mechanisms and implementation gaps in public procurement governance in light of the general premises of national reform. Reforming the ways in which government purchases works, goods, and services from the private sector is one of the most sweeping policy reform undertaken in Africa in the past decade. Despite the transnational scope of policy change, very little is known about the mechanisms of public procurement governance at the subnational level. The argument in this volume is that policy reforms that mitigate contractual hazards along the three-dimensional “law-politics-business matrix” are more likely to bring about meaningful institutional transformation and broader social accountability. Key to substantive transformation of public procurement is the revitalization and professionalization of the public sector to meet the opportunities and challenges of development by contract.
Institutional reforms and their contribution to development and growth have been a source of renewed interest as well as of many challenges over the last two decades. Identifying the forces that push towards reform and the conditions that determine the success or failure of reforms, building organizational arrangements needed to make modifications to the rules of the game sustainable, and understanding the limits to the transfer of reforms and to the help that international organizations and foreign institutions can provide to support change, raise intellectually difficult and politically highly sensitive issues. This book attempts to address these issues from an economic perspective. Combining knowledge and field experience, it develops an analysis of institutional changes and organizational transformations based on the experience of the public procurement reforms carried out in sub-Saharan Africa. This highlights the economic significance of procurement and the formidable obstacles that institutional changes face. Using an original dataset, it explores the gap between the expectations and what has been achieved. It develops a framework that intends to capture the complex interaction between the different components of reform and aims to provide useful insights for researchers and policy makers.
Over the past 30 years there has been considerable research on the political economy of reform. Yet despite this, little is known about strategies for managing the politics of change--moving from a bad to a better equilibrium. Part of the challenge of studying this issue stems from the difficulty of obtaining detailed, so-called 'blow-by-blow' information on actual reform processes. From this type of information, one can discern and cull practical lessons on strategy, which by its very nature is about dealing with political barriers or problems as they crop up during the implementation process. This study looks at the sequence of events that ultimately led to the passage of legislation that markedly altered the rules that govern public procurement in the Philippines. The study attempts to distill operationally useful lessons for managing the politics of a reform process.
Three international leaders in public procurement law fully explain how the procurement award process must be managed to achieve its goals in global market economy.
