{"title":"The Use of Languages in Public Procurement Procedures:","authors":"S. Schoenmaekers","doi":"10.21552/epppl/2022/2/4","DOIUrl":"https://doi.org/10.21552/epppl/2022/2/4","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123696992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyses the legal framework implemented in Portugal for the execution of its Recovery and Resilience Plan. Starting from the analysis of the legal framework offered by the European Recovery and Resilience Facility (RRF), it critically analyses the main regulations created on a special or exceptional basis for the implementation of the Portuguese Recovery and Resilience Plan (PRRP), with emphasis on the governance model, but also on the exceptional measures to facilitate budgetary procedures, expenditure authorisation and staff hiring and also special public procurement measures. As these special and exceptional measures are, as a rule, intended to relax or reduce the mechanisms of prior administrative control of certain procedures, the external control of special public procurement measures by the Portuguese Court of Auditors was strengthened. Lastly, and despite the Portuguese legislator not dedicating special legislation to it, the most appropriate means for resolving any legal disputes arising from the implementation of the Portuguese Recovery and Resilience Plan are addressed. The present article will be divided and published in two parts. The first part will be dedicated to the RRF, the PRRP and special measures for its implementation already with reference to the special public procurement measures approved in this context. The second part will be dedicated to the analysis of the special measures for public procurement and the appropriate means for the resolution of possible disputes arising from the execution of the national RRP. In each part we will present the respective conclusions. Keywords: EU Next Generation Funds, Recovery and Resilience Facility, Portuguese Recovery and Resilience Plan, administrative arbitration
{"title":"The Portuguese Recovery and Resilience Plan:","authors":"R. Pedro","doi":"10.21552/epppl/2022/1/4","DOIUrl":"https://doi.org/10.21552/epppl/2022/1/4","url":null,"abstract":"This article analyses the legal framework implemented in Portugal for the execution of its Recovery and Resilience Plan. Starting from the analysis of the legal framework offered by the European Recovery and Resilience Facility (RRF), it critically analyses the main regulations created on a special or exceptional basis for the implementation of the Portuguese Recovery and Resilience Plan (PRRP), with emphasis on the governance model, but also on the exceptional measures to facilitate budgetary procedures, expenditure authorisation and staff hiring and also special public procurement measures. As these special and exceptional measures are, as a rule, intended to relax or reduce the mechanisms of prior administrative control of certain procedures, the external control of special public procurement measures by the Portuguese Court of Auditors was strengthened. Lastly, and despite the Portuguese legislator not dedicating special legislation to it, the most appropriate means for resolving any legal disputes arising from the implementation of the Portuguese Recovery and Resilience Plan are addressed. The present article will be divided and published in two parts. The first part will be dedicated to the RRF, the PRRP and special measures for its implementation already with reference to the special public procurement measures approved in this context. The second part will be dedicated to the analysis of the special measures for public procurement and the appropriate means for the resolution of possible disputes arising from the execution of the national RRP. In each part we will present the respective conclusions. Keywords: EU Next Generation Funds, Recovery and Resilience Facility, Portuguese Recovery and Resilience Plan, administrative arbitration","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133982250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Should Value for Money Be the Sole Criteria in Opting for PPP Option for Infrastructure Projects?","authors":"V. Izebhor","doi":"10.21552/epppl/2022/1/6","DOIUrl":"https://doi.org/10.21552/epppl/2022/1/6","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116197667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Compliance with EU Law The first group of legislative amendments aims to eliminate non-compliance with the EU Directives 201411. [...]the PPA1612 now defines ‘substantial modification’ of a contract or framework agreement as modification rendering the contract materially different in character from the one initially concluded. The list of hypotheses for considering a modification ‘substantial’ is now explicit and includes modifications changing the economic balance of the contract in favour of the contractor in a manner which was not provided for in the initial contract, fully aligning the provision with the one in the Public Sector Directive. The digitalisation of the public procurement process and the introduction of the possibility for filing an electronic complaint through the platform lead to abolition of the requirement to provide a copy of the challenged decision and to evidence sending of the complaint to the contracting authority. 3. With a view to transposing the Concessions Directive in the national legislation, the existing legal framework was subject to a thorough analysis and evaluation which concluded that the CA06 and PPPA13 were ineffectively applied in practice33.
{"title":"Bulgaria ∙ Key Public Procurement and Concessions Developments","authors":"N. Garbuzanova, Y. Blyahova","doi":"10.21552/epppl/2022/1/8","DOIUrl":"https://doi.org/10.21552/epppl/2022/1/8","url":null,"abstract":"Compliance with EU Law The first group of legislative amendments aims to eliminate non-compliance with the EU Directives 201411. [...]the PPA1612 now defines ‘substantial modification’ of a contract or framework agreement as modification rendering the contract materially different in character from the one initially concluded. The list of hypotheses for considering a modification ‘substantial’ is now explicit and includes modifications changing the economic balance of the contract in favour of the contractor in a manner which was not provided for in the initial contract, fully aligning the provision with the one in the Public Sector Directive. The digitalisation of the public procurement process and the introduction of the possibility for filing an electronic complaint through the platform lead to abolition of the requirement to provide a copy of the challenged decision and to evidence sending of the complaint to the contracting authority. 3. With a view to transposing the Concessions Directive in the national legislation, the existing legal framework was subject to a thorough analysis and evaluation which concluded that the CA06 and PPPA13 were ineffectively applied in practice33.","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133045377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.21552/epppl/2023/2/10
S. Tsevas, A. Panagiotopoulou, M. Kokkoni
{"title":"Defence Procurement: Greece ∙ A Report on Recent Military Contracts","authors":"S. Tsevas, A. Panagiotopoulou, M. Kokkoni","doi":"10.21552/epppl/2023/2/10","DOIUrl":"https://doi.org/10.21552/epppl/2023/2/10","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133173602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Possibility of Imposing a Fine on Both Parties Due to Unlawful Contract Amendment (Case C-263/19 T-Systems Magyarország)","authors":"T. Tátrai","doi":"10.21552/epppl/2022/3/9","DOIUrl":"https://doi.org/10.21552/epppl/2022/3/9","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114416794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
S. Gebreyohans Gebru, A. Tesfay Asmerom, D. Tamrat Desta, T. Ghebreyohannes Asfaha
{"title":"The State of Affairs of Public Private Partnerships in Ethiopia","authors":"S. Gebreyohans Gebru, A. Tesfay Asmerom, D. Tamrat Desta, T. Ghebreyohannes Asfaha","doi":"10.21552/epppl/2022/4/6","DOIUrl":"https://doi.org/10.21552/epppl/2022/4/6","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122926998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Defence Procurement: Germany ∙ The Wind of Change Called Zeitenwende: Quo Vadis in Accelerated Defence Procurement, Germany?","authors":"I. Reichling, C.M. Vollert","doi":"10.21552/epppl/2023/2/9","DOIUrl":"https://doi.org/10.21552/epppl/2023/2/9","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129669523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Climate Change Considerations in Public Procurement and Concessions in Bulgaria (Part I)","authors":"N. Garbuzanova, Y. Blyahova","doi":"10.21552/epppl/2023/1/8","DOIUrl":"https://doi.org/10.21552/epppl/2023/1/8","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130228479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Examination of Tenders in Terms of Abnormally Low Price:","authors":"K. Kuźma, C. Lagendijk, N. Olmos","doi":"10.21552/epppl/2023/2/7","DOIUrl":"https://doi.org/10.21552/epppl/2023/2/7","url":null,"abstract":"","PeriodicalId":176734,"journal":{"name":"European Procurement & Public Private Partnership Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126772801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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