Law and Economics of Public Procurement Reforms
Law and Economics of Public Procurement Reforms

Author: Gustavo Piga

Publisher: Routledge

Published: 2020-08-14

Total Pages: 274

ISBN-13: 9780367594312

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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.

Digital Governance and E-Government Principles Applied to Public Procurement
Digital Governance and E-Government Principles Applied to Public Procurement

Author: Shakya, Rajesh Kumar

Publisher: IGI Global

Published: 2017-01-10

Total Pages: 376

ISBN-13: 1522522042

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Public procurement is vulnerable on many levels. Therefore, to increase protection and improve efficiency, governments across the globe are looking to introduce electronic-based infrastructures. Digital Governance and E-Government Principles Applied to Public Procurement is an essential reference publication for the latest research on the implementation and impact of public reforms through e-Procurement. Featuring coverage on a broad range of topics and perspectives, such as anti-corruption, acquisitions costs, and governance structures, this book is ideally designed for academicians, practitioners, professionals, and researchers seeking current research on the regulation of the public sector through digital approaches.

Reforming Public Procurement Law
Reforming Public Procurement Law

Author: Annamaria La Chimia

Publisher: Bloomsbury Publishing

Published: 2024-07-04

Total Pages: 333

ISBN-13: 1509967982

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This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform 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.

Public Procurement Reform and Governance in Africa
Public Procurement Reform and Governance in Africa

Author: S.N. Nyeck

Publisher: Springer

Published: 2016-06-29

Total Pages: 373

ISBN-13: 1137521376

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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.

Reformation or Deformation of the EU Public Procurement Rules
Reformation or Deformation of the EU Public Procurement Rules

Author: Grith Skovgaard Ølykke

Publisher: Edward Elgar Publishing

Published: 2016-11-25

Total Pages: 439

ISBN-13: 1785361813

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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.

Shaping EU Public Procurement Law
Shaping EU Public Procurement Law

Author: Albert Sanchez-Graells

Publisher: Kluwer Law International B.V.

Published: 2018-09-14

Total Pages: 387

ISBN-13: 940350143X

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The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.

Public Procurement Regulation in Africa
Public Procurement Regulation in Africa

Author: Sue Arrowsmith

Publisher: Cambridge University Press

Published: 2013-01-17

Total Pages: 449

ISBN-13: 1107028329

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This book examines the regulatory rules on public procurement in selected African countries and provides a comparative analysis of key regulatory issues.

UNCITRAL Model Law on Public Procurement
UNCITRAL Model Law on Public Procurement

Author: United Nations Commission on International Trade Law

Publisher: UN

Published: 2014

Total Pages: 0

ISBN-13: 9789211337235

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The Model Law is a template for domestic procurement legislation. Its main objectives are to enhance efficiency and effectiveness, and to avoid abuse in the procurement process (through promoting competition and participation, integrity, fair and equitable treatment and transparency). It is used by the multilateral development banks as a tool for procurement reform and as part of the country systems approach to procurement. The Model Law contains procedures to implement its objectives, whether procurement is conducted electronically or on paper; and reflects the professionalization of the procurement function (which has characterized recent developments in procurement).

The WTO Regime on Government Procurement
The WTO Regime on Government Procurement

Author: Sue Arrowsmith

Publisher: Cambridge University Press

Published: 2011-04-28

Total Pages: 895

ISBN-13: 1139501429

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Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

OECD Principles for Integrity in Public Procurement
OECD Principles for Integrity in Public Procurement

Author: OECD

Publisher: OECD Publishing

Published: 2009-03-24

Total Pages: 142

ISBN-13: 9264056521

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The OECD Principles for Integrity in Public Procurement are a ground-breaking instrument that promotes good governance in the entire procurement cycle, from needs assessment to contract management.