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Author: Ignacio Herrera Anchustegui Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Centralized purchasing benefits contracting authorities and society in general as it may reduce purchasing prices and transaction costs, lead to administrative economies of scale, and help specializing procurement officers across Member States. Centralization techniques are also used to pursue broader economic goals, such as fostering innovation, create competitive markets and sustain development. Directive 2014/24 reinforces the impulse given to central purchasing bodies due its popularity and establishes two different types: either wholesalers/wholebuyers or intermediaries that carry out procurement on behalf of other contracting authorities. However, the competitive benefits that may be generated by centralization can also be eroded by its abuse and inadequate implementation, particularly when dynamic efficiency is jeopardized by focusing on pure cost-saving and short term results. This paper addresses the benefits and concerns derived from centralized purchasing from a microeconomic and legal perspective and proposes that centralization should be carried out in a pro-competitive manner with an emphasis on long term efficiency, benefiting all stakeholders, and not purely tender cost saving. To do so, central purchasing bodies and their purchasing power should be regulated by adopting conducts in line with competitive standards and public procurement "best-practices" guaranteeing that buyer power is not abused and the competitive playing field is preserved.
Author: Ignacio Herrera Anchustegui Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Centralized purchasing benefits contracting authorities and society in general as it may reduce purchasing prices and transaction costs, lead to administrative economies of scale, and help specializing procurement officers across Member States. Centralization techniques are also used to pursue broader economic goals, such as fostering innovation, create competitive markets and sustain development. Directive 2014/24 reinforces the impulse given to central purchasing bodies due its popularity and establishes two different types: either wholesalers/wholebuyers or intermediaries that carry out procurement on behalf of other contracting authorities. However, the competitive benefits that may be generated by centralization can also be eroded by its abuse and inadequate implementation, particularly when dynamic efficiency is jeopardized by focusing on pure cost-saving and short term results. This paper addresses the benefits and concerns derived from centralized purchasing from a microeconomic and legal perspective and proposes that centralization should be carried out in a pro-competitive manner with an emphasis on long term efficiency, benefiting all stakeholders, and not purely tender cost saving. To do so, central purchasing bodies and their purchasing power should be regulated by adopting conducts in line with competitive standards and public procurement "best-practices" guaranteeing that buyer power is not abused and the competitive playing field is preserved.
Author: Caranta, Roberto Publisher: Edward Elgar Publishing ISBN: 1789900689 Category : Law Languages : en Pages : 1040
Book Description
This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.
Author: Risvig Hamer, Carina Publisher: Edward Elgar Publishing ISBN: 1800370415 Category : Law Languages : en Pages : 368
Book Description
This timely book examines the ever-increasing prevalence of Central Purchasing Bodies (CPBs), analysing their use and structure across different EU Member States. It argues that since CPBs are only partially regulated at EU level, their operations will depend on the legislation of the individual Member States and more importantly on the States’ distinct practices and traditions. Comparative contributions consider the legal nature and structures of CPBs across 12 Member States and the UK.
Author: Steen Treumer Publisher: Edward Elgar Publishing ISBN: 178811454X Category : Law Languages : en Pages :
Book Description
This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom.The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes.Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read.
Author: Gustavo Piga Publisher: Routledge ISBN: 1317414888 Category : Business & Economics Languages : en Pages : 235
Book Description
Appropriate laws and regulations are an essential tool 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. This book collects original contributions, from both economists and lawyers, related to the new European Union Directives just approved in 2014 by the EU Parliament. Uniquely, this book combines juridical and technical expertise so as to find a common terrain and language to debate the specific issues that a Public Administration in need of advancing and modernizing has to face. This format features, for each section, an introductory exchange between two experts of different disciplines, made of a series of sequential interactions between an economist and a lawyer that write and follow-up on one another. This is to enrich the liveliness of the debate and improve the mutual understanding between the two professions. There are four sections characterized in 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. This book will be of interest to policy-makers, practitioners working in the field of EU public procurement as well as academics.
Author: Sanja Bogojevic Publisher: Bloomsbury Publishing ISBN: 1509919503 Category : Law Languages : en Pages : 320
Book Description
The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
Author: Albert Sanchez-Graells Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This paper assesses the risks, rationale and justification for the rules on centralisation and aggregation of public procurement in Directive 2014/24. The paper explores the justifications advanced for the aggregation of purchasing and the countervailing risks it generates. In both cases, it focuses in economic and administrative aspects. It then proceeds to a summary overview of the new rules for the aggregation of public procurement in Directive 2014/24, and emphasised how the Directive is expressly recognising possibilities that clearly exceed the more modest approach in Directive 2004/18. Moving on, it then focusses on the potential justification for certain activities now permitted by the 2014 rules, and engages in a critical assessment of their competitive impact. The paper briefly highlights the far-reaching and not necessarily positive implications that a maximisation of the centralisation and aggregation possibilities under Directive 2014/24 could have, and proposes that strict competition law enforcement will be necessary to avoid undesired consequences. Some suggestions for further research are provided by way of conclusions.
Author: François Lichère Publisher: Djoef Publishing ISBN: 9788757433852 Category : Antologier Languages : en Pages : 0
Book Description
In Europe, the recently approved Public Procurement Directive 2014/24/EU has brought a major overhaul to EU law and made significant changes to the obligations of contracting authorities in the Member States. Concurrently, the new directive has introduced some measures of flexibility and important new requirements. This book focuses on the essence of these changes, starting with the definition of a public procurement contract, and ending with changes to concluded contracts. In between, essential aspects of the reform are analyzed, including the new rules on in house and public-public partnerships, on qualification, on the new and more flexible award procedures, including those aimed at fostering innovation. Specific attention is also paid to the new emphasis on strategic procurement, to the benefit of SMEs, and to the renewed efforts to exploit e-procurement and aggregated purchasing. The book's contributions provide an in-depth analysis of most of the new provisions in Directive 2014/24/EU and will be valuable to academics and practitioners, especially considering that some of the new provisions may have immediate effects. (Series: European Procurement Law - Vol. 6) [Subject: EU Law, Public Procurement Law, Contract Law]
Author: Ignacio Herrera Anchustegui
Author: Ignacio Herrera Anchustegui
Author: Caranta, Roberto
Author: Risvig Hamer, Carina
Author: Steen Treumer
Author: Gustavo Piga
Author: Sanja Bogojevic
Author: Dagne Sabockis
Author: Albert Sanchez-Graells
Author: Yseult Marique
Author: François Lichère