scholarly journals ANALYSIS OF EVIDENCE OF RECOGNISING PUBLIC LAW ENTITY AS AN AWARDING ENTITY BASED ON PUBLIC PROCUREMENT LAW IN THE LIGHT OF JUDICATURE OF COURT OF JUSTICE OF THE EUROPEAN UNION

2017 ◽  
pp. 151-165
Author(s):  
Wojciech Szydło
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Public Law ◽  
The European Union ◽  
Court Of Justice

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 Liability threshold for damages in public procurement: the EFTA Court’s Fosen-Linjen saga

2019 ◽  
Vol 70 (4) ◽  
pp. OA25-OA35
Author(s):  
Albert Sanchez-Graells
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Case Law ◽  
The European Union ◽  
Nuclear Decommissioning ◽  
Court Of Justice ◽  
Legal Arguments ◽  
State Liability ◽  
The Uk ◽  
Correct Understanding

In this case comment, I explore the two EFTA Court Judgments in the Fosen-Linjen saga and their opposing views on the interaction between EU/EEA rules on procurement remedies and the more general principle of state liability for breaches of EU/EEA law. I review the case law of the Court of Justice of the European Union and, in particular, the perceived inconsistencies between the two 2010 judgments in Strabag and Spijker, which featured very prominently in the legal arguments submitted to the EFTA Court in both Fosen-Linjen cases. I also use the benchmark of the UK Supreme Court's Nuclear Decommissioning Authority judgment to support the view that Spijker reflects the correct understanding of EU/EEA law and that there should be no further debate about it. I submit that the Court of Justice of the European Union would be well-advised to (re)confirm the position enshrined in Spijker at the earliest opportunity, to avoid any perpetuation of this debate in the context of EU/EEA public procurement law.

A Digital Cross-border Interest in the Framework of Public Procurement Legislation: The Game Changer

2021 ◽  
Vol 14 (2) ◽  
pp. 51-68
Author(s):  
Delia Lucía Martínez Lorenzo
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Eu Law ◽  
The European Union ◽  
Cross Border ◽  
Court Of Justice ◽  
Definition Of ◽  
Procurement Contracts ◽  
Game Changer

Originally introduced by the Court of Justice of the European Union, the presence of 'certain cross-border interest' is used to justify the application of EU principles to public procurement contracts that fall out the scope of EU law. Nonetheless, crossborder interest needs to be proven based on the criteria settled by the CJEU. This article presents, firstly, a definition of cross-border interest and its relevance; secondly, the latest trends on digital public procurement and e-administration. Finally, the paper will discuss whether, based on the criteria of the CJEU, the expansion of digitalisation will render the presence of cross-border interest automatic, thus increasing transparency and consequently changing forever how we apply EU law.

scholarly journals RELIABILITY UNDER EU PUBLIC PROCUREMENT LAW

2021 ◽  
Author(s):  
Hana Kováčiková ◽  
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Case Law ◽  
Recent Case ◽  
The European Union ◽  
Criminal Offence ◽  
Procurement Process ◽  
The Public ◽  
Court Of Justice

To exclude or not to exclude? A question asked by many contracting authorities when assessing bids submitted by tenderers, whose reliability might be compromised by their previous misbehaviour or even worst – a criminal offence. According to law, contracting authorities can exclude such tenderers. However, at the same time, tenderers should be allowed to adopt compliance measures aimed at remedying the consequences of their action. In this article the author analyses some aspects of discretional exclusion of tenderers with doubted reliability in the public procurement process according to the 2014 European Union´s Public Procurement Directive and the recent case law of the Court of Justice of the European Union.

scholarly journals PROBLEMATICS OF AMENDMENTS MADE IN TENDER DOCUMENTS IN PUBLIC PROCUREMENT – THE PERSPECTIVE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

2020 ◽  
pp. 164-183
Author(s):  
Una Skrastina ◽  
Dzeina Gaile
Keyword(s):  
European Union ◽  
Analytical Method ◽  
Public Procurement ◽  
European Court Of Justice ◽  
The European Union ◽  
Legal Principles ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Made In

During the procurement process, it is often found that the tenders submitted are deficient, for example, required documents are not submitted. Given the amount of information to be provided, the types of errors are different and can apply to the qualification of the tenderer, its technical or financial tender and other aspects. In each of these situation procurement commission must evaluate whether it is possible to correct the error or the tender should be rejected. The Public Procurement Law does not contain very detailed and clear regulation on this situation. Therefore decisions of contracting authorities are often challenged and found to be unfounded. It justifies the topicality of the study. The aim of the study is to summarize and analyze the findings of the European Court of Justice to determine what legal principles and considerations have to be taken into account in such situations and to make recommendations for further action in Latvia. Research methods used are descriptive, comparative and analytical method. The study will result in suggestions as to what conditions should be considered when assessing the possibility of corrections of the tender.

scholarly journals An Acid Test for Europeanization: Public Cyber Security Procurement in the European Union

2019 ◽  
Vol 5 (2) ◽  
pp. 349-377
Author(s):  
Jukka Ruohonen
Keyword(s):  
European Union ◽  
Cyber Security ◽  
Public Procurement ◽  
Public Law ◽  
The European Union ◽  
European Security ◽  
Public Authorities ◽  
Defense Procurement ◽  
Acid Test ◽  
The Eu

Abstract Public procurement refers to processes through which national, regional, and local public authorities, state-owned enterprises, or other related bodies governed by public law, purchase products, services, and public work. Such purchases have been a particularly important element in developing the Internal Market of the European Union (EU). Given recent procurement reforms in the EU, including the 2009 reform on defense procurement, this paper examines public cyber security procurement in Europe. Two questions are examined: (1) whether cyber security procurement differs from public procurement in general, and (2) whether there are any noteworthy signs of Europeanization in terms of cyber security procurement. According to the empirical results, cyber security procurement tends to differ from general public procurement. In particular, competition obstacles are visible in terms of bids for cyber security procurement tenders. This result is accompanied with a visible lack of Europeanization, although the same observation generalizes to public procurement in the EU generally. With these results and the accompanying discussion, the paper contributes to the recent lively discussion about European security and its relation to marketization.

scholarly journals Instrumentalizacja prawa zamówień publicznych w Unii Europejskiej w kontekście kryteriów oceny ofert

2017 ◽  
Vol 105 ◽  
pp. 159-172
Author(s):  
Michał Stawiński
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Evaluation Criteria ◽  
The European Union ◽  
Court Of Justice ◽  
Tender Evaluation

THE INSTRUMENTALISATION OF PUBLIC PROCUREMENT LAW IN EUROPEAN UNION IN THE CONTEXT OF TENDER EVALUATION CRITERIAThe article presents the evolution of objectives of public procurement law in the context of tender evaluation criteria. Author divides tender evaluation criteria into two categories: economical and non-economical and presents the evolution of importance of those criteria taking into account the jurisprudence of the Court of Justice of the European Union.

Some Issues on Public Procurement Principles

2020 ◽  
Vol 26 (2) ◽  
pp. 182-187
Author(s):  
Albena Ivanova
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Case Law ◽  
Internal Market ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
Economic Considerations ◽  
The Eu

AbstractPublic Procurement regulation is mainly justified by economic considerations. The reasons for this are based on the assumption that through the introduction of competitiveness in the respective markets of the Member States, their liberalization as well as integration will follow. As an essential part of the Internal Market, one of the main goals of Public Procurement is to guarantee the free movement of persons, goods, services and capital, which is accomplished specifically through transparent procedures in which participants are placed on equal and non-discriminatory terms. The purpose of this article is to show how the case-law of the Court of Justice of the European Union fills in a gap in the EU law regarding Public Procurement due to a lack of explicit regulations on some issues.

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