Presentation by Erika Bozzay, SIGMA, at the SIGMA regional conference on public procurement which took place in Beirut on 2-3 June 2015. Also available in Arabic.
ENI East Regional Conference Public Procurement Central Public Procurement Functions Identification Combination Separation Conflicts of Interest Checks and Balances Bozzay English
Presentation by Zoran Blazevic, Croatia, at the SIGMA regional conference on public procurement which took place in Beirut on 2-3 June 2015. Also available in Arabic.
Presentation by Georghes Cazan of Romania at the regional conference organised by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016.
The document discusses public procurement review systems in EU member states. It provides information on the bodies responsible for review, including that they must be independent and have powers to impose interim measures, set aside unlawful decisions, and award damages. It notes that EU states have flexibility in their review mechanisms. There is a variety of institutional setups, including ordinary courts, specialized review bodies, and administrative courts handling the review process. The document also gives examples of the review structure in several EU countries and Poland, including discussion of appeal processes, legal basis, and timelines for decision making.
This document discusses the establishment of a procurement review system in Georgia based on recommendations from an EU Twinning Project. It provides background on the project's objectives of aligning Georgia's procurement practices with EU standards. It then summarizes Slovenia's existing non-judicial procurement review system as a model for Georgia, including the roles and qualifications of the National Review Commission members. Finally, it outlines some of the key challenges in establishing an independent and effective procurement review body for Georgia according to EU directives, including reconciling legal requirements, building institutional capacity, and improving visibility.
The document summarizes the evolution of Poland's public procurement review system from 1994 to present. It describes two key review systems under the Public Procurement Act I and II. Appeals were initially reviewed by arbitration panels but are now handled by the National Appeals Chamber to promote professionalism and standardized judgments. While aiming to expedite procedures, removing the initial protest stage to the procuring entity may have unintentionally increased appeals. The effectiveness of arbitration versus the Appeals Chamber model continues to be debated, considering factors like cost, timeliness, expertise in procedural versus substantive law, and ability to unify rulings.
An effective review and remedies system is crucial for enforcing public procurement legislation and correcting mistakes by contracting authorities. There are different models across EU states for establishing review bodies, with many using specialized administrative bodies. However, for a review body to have a judicial character it must be established by law, permanent, have compulsory jurisdiction, follow inter partes procedures, apply legal rules, and be independent. Independence means the body is separate from the government and parties to procurement, and that members are appointed, dismissed, and make decisions free from external influence. An independent review system is essential for impartial resolution of complaints.
This document discusses the key requirements for independent and impartial review systems in public procurement according to EU directives and international agreements. It outlines that the remedies directives require that economic operators have access to clear, rapid, and effective review procedures of contracting authority decisions. Review bodies must be independent of contracting authorities, provide interim measures and set aside unlawful decisions. They must also order corrective actions like ineffectiveness of contracts, damages, or alternative penalties. International agreements also require independent review and interim suspension of procurement processes.
ENI East Regional Conference Public Procurement Central Public Procurement Functions Identification Combination Separation Conflicts of Interest Checks and Balances Bozzay English
Presentation by Zoran Blazevic, Croatia, at the SIGMA regional conference on public procurement which took place in Beirut on 2-3 June 2015. Also available in Arabic.
Presentation by Georghes Cazan of Romania at the regional conference organised by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016.
The document discusses public procurement review systems in EU member states. It provides information on the bodies responsible for review, including that they must be independent and have powers to impose interim measures, set aside unlawful decisions, and award damages. It notes that EU states have flexibility in their review mechanisms. There is a variety of institutional setups, including ordinary courts, specialized review bodies, and administrative courts handling the review process. The document also gives examples of the review structure in several EU countries and Poland, including discussion of appeal processes, legal basis, and timelines for decision making.
This document discusses the establishment of a procurement review system in Georgia based on recommendations from an EU Twinning Project. It provides background on the project's objectives of aligning Georgia's procurement practices with EU standards. It then summarizes Slovenia's existing non-judicial procurement review system as a model for Georgia, including the roles and qualifications of the National Review Commission members. Finally, it outlines some of the key challenges in establishing an independent and effective procurement review body for Georgia according to EU directives, including reconciling legal requirements, building institutional capacity, and improving visibility.
The document summarizes the evolution of Poland's public procurement review system from 1994 to present. It describes two key review systems under the Public Procurement Act I and II. Appeals were initially reviewed by arbitration panels but are now handled by the National Appeals Chamber to promote professionalism and standardized judgments. While aiming to expedite procedures, removing the initial protest stage to the procuring entity may have unintentionally increased appeals. The effectiveness of arbitration versus the Appeals Chamber model continues to be debated, considering factors like cost, timeliness, expertise in procedural versus substantive law, and ability to unify rulings.
An effective review and remedies system is crucial for enforcing public procurement legislation and correcting mistakes by contracting authorities. There are different models across EU states for establishing review bodies, with many using specialized administrative bodies. However, for a review body to have a judicial character it must be established by law, permanent, have compulsory jurisdiction, follow inter partes procedures, apply legal rules, and be independent. Independence means the body is separate from the government and parties to procurement, and that members are appointed, dismissed, and make decisions free from external influence. An independent review system is essential for impartial resolution of complaints.
This document discusses the key requirements for independent and impartial review systems in public procurement according to EU directives and international agreements. It outlines that the remedies directives require that economic operators have access to clear, rapid, and effective review procedures of contracting authority decisions. Review bodies must be independent of contracting authorities, provide interim measures and set aside unlawful decisions. They must also order corrective actions like ineffectiveness of contracts, damages, or alternative penalties. International agreements also require independent review and interim suspension of procurement processes.
The Q&A gives a succinct overview of restraints of trade, monopolies and abuses of market power in Cyprus. In particular, it covers the regulatory authorities and the regulatory framework, the scope of rules, exemptions, exclusions, statutes of limitation, notification, investigations, penalties and enforcement, third party damages claims, EU law, joint ventures and proposals for reform.
The document summarizes 11 cases from the Court of Justice of the EU related to public procurement law. Key issues addressed include:
- Whether a tender of EUR 0.00 can be automatically rejected or requires further assessment.
- Whether subcontractors' exclusions can result in the main contractor's automatic exclusion.
- The conditions under which in-house contracts are permitted.
- Whether software transfers between public authorities fall under cooperation rules.
- Whether modifications can be reviewed ex officio after time limits have expired.
The Court provided interpretations balancing principles like proportionality, equal treatment, and legal certainty.
Legal shorts 21.10.16 including criminal finances bill introduced and mld4Cummings
Welcome to Legal Shorts, a short briefing on some of the week’s developments in the financial services industry.
If you would like to discuss any of the points we raise below, please contact me or one of our other lawyers.
Claire Cummings
020 7585 1406
claire.cummings@cummingslaw.com
www.cummingslaw.com
EU Law Quantitative Restrictions Kindly donated by Robert Gaudet JrLawSWOT
This document provides an overview of European Union law regarding quantitative restrictions and measures having an equivalent effect on imports and exports between EU member states. It defines quantitative restrictions as non-pecuniary restrictions on trade between states. The document outlines key cases that have established and clarified the scope of Articles 34 and 35 of the TFEU, which prohibit quantitative restrictions and measures equivalent to quantitative restrictions. It discusses what constitutes a measure having an equivalent effect, exceptions under Article 36, and the concept of "indistinctly applicable rules" established in Cassis de Dijon. The document also addresses selling arrangements and the Keck doctrine, which established that certain selling arrangements fall outside the scope of Article 34.
The European Commission's priorities for public procurement focus on six key areas: wider use of strategic procurement, professionalizing public buyers, increasing access to procurement markets, improving transparency and integrity, boosting digital transformation, and cooperating to procure together. The goals are to guarantee competition, enable efficient use of public funds, and support societal goals. Recent developments include new green public procurement criteria, innovation procurement guidance, a competency framework for public buyers, and directives on e-procurement and whistleblowers. Guidance was also issued on third country access and quality standards in procurement. Progress has been made in some regions, but challenges remain around best price-quality ratio, professionalization, and enforcement.
Presentation by Maria Stylianidou, Hellenic Open University, Greece (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018.
Presentation by Zoran Blazevic, Croatia, on the case law of the High Administrative Court in Croatia against the procurement review bodies' decisions, at the SIGMA 2nd webinar on public procurement reality and challenges of post COVID, held on 9 March 2021. This webinar is the follow-up on the 1st webinar which took place on 26 January 2021 (https://www.slideshare.net/SIGMA2013/tag/ipa260121pup).
The Italian Competition Authority (AGCM) applies national and EU competition rules to assess state-owned enterprises (SOEs). The AGCM has raised concerns about SOEs receiving exclusive rights, regulatory powers in sectors where they operate, and subsidies. The AGCM uses advocacy tools like advisory opinions to influence legislation and monitor implementation. These tools have helped liberalize some sectors like electricity and gas. The AGCM also recommends separating SOE activities to prevent preferential treatment and monitors compliance with rules on public service obligations.
Presentation by Marc Steiner, Switzerland, on the practice of the Swiss Federal Administrative Court on public procurement, at the SIGMA 2nd webinar on public procurement reality and challenges of post COVID, held on 9 March 2021. This webinar is the follow-up on the 1st webinar which took place on 26 January 2021 (https://www.slideshare.net/SIGMA2013/tag/ipa260121pup).
Aeo system for self assessment of customs dutyM S Siddiqui
(1) The Authorized Economic Operator (AEO) system allows traders who meet certain compliance standards to benefit from expedited customs procedures and self-assessment of duties. (2) It is based on frameworks by the World Customs Organization and World Trade Organization to facilitate trade while maintaining customs controls. (3) Bangladesh is working to establish an AEO program with technical assistance to modernize its customs practices in line with international standards and promote legitimate trade.
Medical Device European Authorized RepresentativeMonir EL AZZOUZI
Non-EU Medical Device Manufacturer need a European Authorized Representative with an agreement to sell product in Europe. Learn Roles and Responsibilities and how to choose one. Free checklist available and list of existing Authorized Representative. Why you should not choose your distributor as a EC REP
1. SIGMA provides support and advice to governments on public procurement reform to help meet EU accession criteria.
2. Main lessons learned over 20 years include that regulatory alignment with EU directives has become more complex, effective domestic rules outside EU scope are important, and professionalizing procurement requires stronger institutions and focus on efficiency.
3. Additional lessons highlight that legal and institutional environments, integrity measures, data collection, and national ownership of reforms are key to continued improvement.
The document discusses the French Competition Authority's enforcement of competition law in both local and global markets. It provides examples of the FCA's decisions involving abuse of dominance, anti-competitive agreements, and merger control that had global implications. It also describes the procedural tools and increasing international cooperation utilized by competition authorities to effectively handle global cases. There remains room for improvement, particularly in merger control procedures and guidelines, to deal with the rising number of multinational cases.
The new Union Customs Code (UCC) implemented by the European Union in 2016 aims to simplify and standardize customs procedures. It changes rules around authorized economic operators, valuation, tariff classification, registered exporters, bonded warehouses, and representation. While intended to facilitate trade, the UCC requires businesses to comply with new electronic filing requirements and other mandatory rules. Logistics providers like Damco are affected and can provide advice to help clients navigate the changes brought by the new code. The UCC will continue being phased in through 2020 as member states standardize national laws and customs systems become fully digital.
This document provides guidelines for public procurement processes in Ireland. It outlines key principles such as conducting procurement honestly, fairly and achieving best value for public money. It discusses procurement under and over EU threshold values. For lower value contracts below the EU thresholds, less formal procedures like verbal quotes may be used. Advertising is recommended for contracts over €5,000. Larger contracts above the EU thresholds must be advertised in the Official Journal of the EU and follow formal EU tendering procedures.
This presentation by Denmark (DCCA), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
The document provides summaries of recent regulatory developments from several European authorities and industry organizations. Key updates include:
1) The EBA launching a consultation on technical standards for the standardized approach to counterparty credit risk.
2) ESMA launching a call for evidence on position limits for commodity derivatives under MiFID II.
3) The FCA extending the deadline for notifications for the temporary permissions regime for EU firms to October 30, 2019 due to Brexit.
4) European supervisory authorities consulting on draft implementing technical standards for reporting of intragroup transactions under the Financial Conglomerates Directive.
The European Commission is consulting on barriers to the cross-border distribution of investment funds in the EU. Currently, funds face varying national marketing requirements across Member States, with costs associated with researching each state's rules and adapting fund materials. The consultation seeks feedback on regulatory and tax barriers, including differing definitions of marketing, marketing requirements imposed by host states, and notification processes. The Commission aims to identify unjustified barriers and increase cross-border competition to benefit investors. Responses will inform Commission efforts to improve the single market for investment products under the Capital Markets Union initiative.
The Q&A gives a succinct overview of restraints of trade, monopolies and abuses of market power in Cyprus. In particular, it covers the regulatory authorities and the regulatory framework, the scope of rules, exemptions, exclusions, statutes of limitation, notification, investigations, penalties and enforcement, third party damages claims, EU law, joint ventures and proposals for reform.
The document summarizes 11 cases from the Court of Justice of the EU related to public procurement law. Key issues addressed include:
- Whether a tender of EUR 0.00 can be automatically rejected or requires further assessment.
- Whether subcontractors' exclusions can result in the main contractor's automatic exclusion.
- The conditions under which in-house contracts are permitted.
- Whether software transfers between public authorities fall under cooperation rules.
- Whether modifications can be reviewed ex officio after time limits have expired.
The Court provided interpretations balancing principles like proportionality, equal treatment, and legal certainty.
Legal shorts 21.10.16 including criminal finances bill introduced and mld4Cummings
Welcome to Legal Shorts, a short briefing on some of the week’s developments in the financial services industry.
If you would like to discuss any of the points we raise below, please contact me or one of our other lawyers.
Claire Cummings
020 7585 1406
claire.cummings@cummingslaw.com
www.cummingslaw.com
EU Law Quantitative Restrictions Kindly donated by Robert Gaudet JrLawSWOT
This document provides an overview of European Union law regarding quantitative restrictions and measures having an equivalent effect on imports and exports between EU member states. It defines quantitative restrictions as non-pecuniary restrictions on trade between states. The document outlines key cases that have established and clarified the scope of Articles 34 and 35 of the TFEU, which prohibit quantitative restrictions and measures equivalent to quantitative restrictions. It discusses what constitutes a measure having an equivalent effect, exceptions under Article 36, and the concept of "indistinctly applicable rules" established in Cassis de Dijon. The document also addresses selling arrangements and the Keck doctrine, which established that certain selling arrangements fall outside the scope of Article 34.
The European Commission's priorities for public procurement focus on six key areas: wider use of strategic procurement, professionalizing public buyers, increasing access to procurement markets, improving transparency and integrity, boosting digital transformation, and cooperating to procure together. The goals are to guarantee competition, enable efficient use of public funds, and support societal goals. Recent developments include new green public procurement criteria, innovation procurement guidance, a competency framework for public buyers, and directives on e-procurement and whistleblowers. Guidance was also issued on third country access and quality standards in procurement. Progress has been made in some regions, but challenges remain around best price-quality ratio, professionalization, and enforcement.
Presentation by Maria Stylianidou, Hellenic Open University, Greece (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018.
Presentation by Zoran Blazevic, Croatia, on the case law of the High Administrative Court in Croatia against the procurement review bodies' decisions, at the SIGMA 2nd webinar on public procurement reality and challenges of post COVID, held on 9 March 2021. This webinar is the follow-up on the 1st webinar which took place on 26 January 2021 (https://www.slideshare.net/SIGMA2013/tag/ipa260121pup).
The Italian Competition Authority (AGCM) applies national and EU competition rules to assess state-owned enterprises (SOEs). The AGCM has raised concerns about SOEs receiving exclusive rights, regulatory powers in sectors where they operate, and subsidies. The AGCM uses advocacy tools like advisory opinions to influence legislation and monitor implementation. These tools have helped liberalize some sectors like electricity and gas. The AGCM also recommends separating SOE activities to prevent preferential treatment and monitors compliance with rules on public service obligations.
Presentation by Marc Steiner, Switzerland, on the practice of the Swiss Federal Administrative Court on public procurement, at the SIGMA 2nd webinar on public procurement reality and challenges of post COVID, held on 9 March 2021. This webinar is the follow-up on the 1st webinar which took place on 26 January 2021 (https://www.slideshare.net/SIGMA2013/tag/ipa260121pup).
Aeo system for self assessment of customs dutyM S Siddiqui
(1) The Authorized Economic Operator (AEO) system allows traders who meet certain compliance standards to benefit from expedited customs procedures and self-assessment of duties. (2) It is based on frameworks by the World Customs Organization and World Trade Organization to facilitate trade while maintaining customs controls. (3) Bangladesh is working to establish an AEO program with technical assistance to modernize its customs practices in line with international standards and promote legitimate trade.
Medical Device European Authorized RepresentativeMonir EL AZZOUZI
Non-EU Medical Device Manufacturer need a European Authorized Representative with an agreement to sell product in Europe. Learn Roles and Responsibilities and how to choose one. Free checklist available and list of existing Authorized Representative. Why you should not choose your distributor as a EC REP
1. SIGMA provides support and advice to governments on public procurement reform to help meet EU accession criteria.
2. Main lessons learned over 20 years include that regulatory alignment with EU directives has become more complex, effective domestic rules outside EU scope are important, and professionalizing procurement requires stronger institutions and focus on efficiency.
3. Additional lessons highlight that legal and institutional environments, integrity measures, data collection, and national ownership of reforms are key to continued improvement.
The document discusses the French Competition Authority's enforcement of competition law in both local and global markets. It provides examples of the FCA's decisions involving abuse of dominance, anti-competitive agreements, and merger control that had global implications. It also describes the procedural tools and increasing international cooperation utilized by competition authorities to effectively handle global cases. There remains room for improvement, particularly in merger control procedures and guidelines, to deal with the rising number of multinational cases.
The new Union Customs Code (UCC) implemented by the European Union in 2016 aims to simplify and standardize customs procedures. It changes rules around authorized economic operators, valuation, tariff classification, registered exporters, bonded warehouses, and representation. While intended to facilitate trade, the UCC requires businesses to comply with new electronic filing requirements and other mandatory rules. Logistics providers like Damco are affected and can provide advice to help clients navigate the changes brought by the new code. The UCC will continue being phased in through 2020 as member states standardize national laws and customs systems become fully digital.
This document provides guidelines for public procurement processes in Ireland. It outlines key principles such as conducting procurement honestly, fairly and achieving best value for public money. It discusses procurement under and over EU threshold values. For lower value contracts below the EU thresholds, less formal procedures like verbal quotes may be used. Advertising is recommended for contracts over €5,000. Larger contracts above the EU thresholds must be advertised in the Official Journal of the EU and follow formal EU tendering procedures.
This presentation by Denmark (DCCA), was made during the presentations on “Tools for Addressing Competitive Neutrality” held at the 67th meeting of the OECD Working Party No.2 of the Competition Committee on 3 June 2019. More information on the topic can be found at ww.oecd.org/competition/competitive-neutrality.htm.
The document provides summaries of recent regulatory developments from several European authorities and industry organizations. Key updates include:
1) The EBA launching a consultation on technical standards for the standardized approach to counterparty credit risk.
2) ESMA launching a call for evidence on position limits for commodity derivatives under MiFID II.
3) The FCA extending the deadline for notifications for the temporary permissions regime for EU firms to October 30, 2019 due to Brexit.
4) European supervisory authorities consulting on draft implementing technical standards for reporting of intragroup transactions under the Financial Conglomerates Directive.
The European Commission is consulting on barriers to the cross-border distribution of investment funds in the EU. Currently, funds face varying national marketing requirements across Member States, with costs associated with researching each state's rules and adapting fund materials. The consultation seeks feedback on regulatory and tax barriers, including differing definitions of marketing, marketing requirements imposed by host states, and notification processes. The Commission aims to identify unjustified barriers and increase cross-border competition to benefit investors. Responses will inform Commission efforts to improve the single market for investment products under the Capital Markets Union initiative.
Presentation by Matrta Laszuk from the European Commission, at the regional conference organized by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016
Presentation by Borut Smrdel from Slovenia, at the regional conference organised by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016.
Presentation by Karen Hill and Daniel Ivarsson, SIGMA, at the SIGMA regional conference on public procurement, which took place in Beirut on 2-3 June 2015. Also available in Arabic and French.
This document discusses principles of public administration and the right to good administration. It is a joint initiative of the OECD and EU, principally financed by the EU. The document outlines the history and development of principles of public administration. It discusses key changes between the 2014 and 2023 versions of the principles. It also discusses the difference between rights and principles in public administration. Finally, it examines principles related to user-centric service design and delivery and ensuring streamlined, high-quality, and accessible administrative services.
Presentation by Ahu Meryem Daloglu, Turkey, at the regional conference organised by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016.
This document discusses the roles and responsibilities of key institutions in public procurement systems. It outlines several functions that are typically performed at the central level, including policymaking, regulatory oversight, monitoring, advisory support, and professional development. It also describes important characteristics of an effective review and remedies system, such as independence, proper resourcing, and transparency. Ensuring access to rapid, fair remedies is crucial for enforcing compliance with procurement laws.
The document summarizes a presentation given in Albania on the review and remedies procedure in Croatia's public procurement system. It discusses Croatia's State Commission for Supervision of Public Procurement and highlights some of its recent cases. It also examines the importance of the Commission's decisions, lessons learned from EU court decisions, and perceptions of and challenges in building trust in public procurement systems.
The document discusses debarment of companies from public contracts in the European Union. It provides context on the development of debarment and the issues it presents. It then summarizes the key aspects of the new EU Public Procurement Directives implemented in 2014, including strengthened mandatory grounds for exclusion/debarment such as conviction for corruption, fraud, or other criminal offenses. The directives aim to increase transparency and prevent conflicts of interest in public procurement through measures like mandatory reporting of violations and record keeping of high-value contracts.
This document discusses the importance of an independent review system for public procurement. It notes that EU legislation and good practice require a review body to be independent, with members appointed under the same conditions as the judiciary. An effective review system provides legal recourse for dissatisfied parties, helps create trust in the process, and stimulates competition. The benefits of independent review bodies include lower prices, decreased corruption, and establishment of case law to guide future procurement. The document outlines principles such as a two-stage appeals process and recommends steps like ensuring a review body's financial independence, transparency in member selection, and education of stakeholders.
Presentation by Wojciech Hartung, Poland, on the functioning of legal protection measures in EU countries, at the SIGMA webinar on public procurement reality and challenges of post COVID, held on 26 January 2021.
Presentation of the main findings by SIGMA experts on the corruption risk assessment of the public procurement system in Jordan, which took place in Amman on 30 January 2017.
The Competition Amendment Act No. 1 of 2009 - by director Dominique ArteiroWerksmans Attorneys
The document provides background information on the Competition Commission's new powers to conduct market inquiries in South Africa. It summarizes the objectives and scope of the Commission's ongoing private healthcare market inquiry, including examining rising prices, levels of costs and competition issues. It also outlines the Commission's powers during the inquiry, such as summoning information, and potential outcomes like complaints, consent orders or policy recommendations. The inquiry may uncover issues around information asymmetry, roles of medical agents, and concentrations of market power among key players.
Presentation by Ivana Franjkovic, Croatia, at the SIGMA regional conference on public procurement which took place in Beirut on 2-3 June 2015. Also available in Arabic and French.
This document summarizes a publication that reviews important decisions made by the Court of Justice of the European Union (CJEU) on public procurement between 2006 and 2014. The publication consists of 10 chapters that examine key issues in public procurement such as the material scope of procurement law, exclusions of economic operators, and remedies. It is intended to help authorities in Montenegro that are involved with public procurement appeals and policymaking to learn from the CJEU's interpretations of European Union law.
The Diversified Industrials Conference 11 June 2014
• Antitrust Trends in Diversified Industrials - Ros Kellaway and Lesley Farrell from Eversheds LLP
• Commercial contracting pitfalls - Tony Andrews from Doncasters. Gary Pellow & Tom Bridgford from Eversheds LLP
• Energy costs – opportunities and challenges - Nick Sturgeon from Chemical Industries Association
• M&A in Africa - Rafik Mzah from AfricInvest and Jawad Fassi-Fehri, from Eversheds LLP, Africa Group
Presentation by Maria Stylianidi, Member of the Board of Directors of the Hellenic Single Public Procurement Authority (HSPPA), Greece, on the organisation of the national procurement review system, Tbilisi, 6-7 November 2019.
Presentation by Blerim Dina, Kosovo, at the regional conference organised by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016.
Similar to Legal protection in public procurement, Erika Bozzay, SIGMA regional conference on public procurement, Beirut 2-3 June 2015 (20)
Presentation given by Ukraine at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Moldova at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Armenia at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Montenegro at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by SIGMA at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Photo gallery from Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Montenegro at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Montenegro at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Georgia at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by SIGMA at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by the Republic of Slovenia Ministry of Higher Education at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by ReSPA at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Bosnia and Herzegovina at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Montenegro at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by the Republic of North Macedonia at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Ukraine at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given by Serbia at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Presentation given at Building a sustainable quality management approach - Academies for EaP countries organised by the SIGMA Programme and the GiZ Eastern Partnership Regional Fund. Stage 1: Building for excellence.
Omnichannel management, presentation given by Willem Pieterson. SIGMA Webinar series on service design and delivery in the Western Balkan region in 2023. Topic 3: Omni and Multi-channel service design and delivery.
The document discusses Montenegro's electronic health system and ezdravlje.me platform. It provides information on the country's Integral Information System of Healthcare which connects various health institutions. It also details the numbers involved in development including 13 information systems, 3000 computers, and 5000 users. Furthermore, it outlines 10 electronic services available on the ezdravlje.me platform including eScheduling, ePrescription, eReport.lab, and ePharmacy. The summary concludes by mentioning plans for an eRecord service to provide a good basis of patient data in Montenegro's health information system.
More from Support for Improvement in Governance and Management SIGMA (20)
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
Food safety, prepare for the unexpected - So what can be done in order to be ready to address food safety, food Consumers, food producers and manufacturers, food transporters, food businesses, food retailers can ...
Contributi dei parlamentari del PD - Contributi L. 3/2019Partito democratico
DI SEGUITO SONO PUBBLICATI, AI SENSI DELL'ART. 11 DELLA LEGGE N. 3/2019, GLI IMPORTI RICEVUTI DALL'ENTRATA IN VIGORE DELLA SUDDETTA NORMA (31/01/2019) E FINO AL MESE SOLARE ANTECEDENTE QUELLO DELLA PUBBLICAZIONE SUL PRESENTE SITO
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
3. 10/06/2015
3
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
Importance of the review and
remedies system
Effective remedies
allow irregularities occurring in procurement
procedures to be challenged and corrected as soon as
they occur,
(and as a consequence)
increase the lawfulness and transparency of public
procurement procedures;
ensure fairness;
discourage illegal practices, incite for compliance and
integrity of the procurement process;
generate trust in the system, build confidence among
businesses as conditions for competition.
3
5. 10/06/2015
5
AjointinitiativeoftheOECDandtheEuropeanUnion,
principallyfinancedbytheEU
A functioning review and
remedies system
• available to any economic operator having an
interest in obtaining a particular public
procurement contract and who/whose
interests being harmed by an alleged
infringement
• clear and easy to use for economic operators
• effective in preventing and correcting unlawful
acts of contracting authorities and economic
operators
5
7. 10/06/2015
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AjointinitiativeoftheOECDandtheEuropeanUnion,
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What good procurement requires?
Key requirements in SIGMA’s Principles:
1. Public procurement is regulated by duly enforced policies and
procedures that reflect the principles of the Treaty on the
functioning of the European Union and the European Union
acquis, and are supported by suitably competent and
adequately resourced institutions.
2. In case of alleged breaches of procurement rules, aggrieved
parties have access to justice through an independent,
transparent, effective and efficient remedies system.
3. Contracting authorities are adequately staffed and resourced
and carry out their work in accordance with applicable
regulations and recognised good practice, interacting with an
open and competitive supply market.
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Sub-principles
3. Due consideration is given to achieving the main
goals of public procurement (particularly value
for money through open, transparent and non-
discriminatory competition), as opposed to
focusing on purely formal errors and omissions,
especially those that do not impact on the
outcome of the procurement process.
4. The review and remedies system provides
speedy, effective and competent handling and
resolution of complaints and sanctions, including
comprehensive publication of judgements and
their rationale.
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Sub-principles
5. The review and remedies system is easily
available to economic operators, without
discrimination and excessive cost.
6. The review organisation handles complaints
and sanctions in a timely manner, in
accordance with the law, and ensures their
effective and competent resolution.
7. Data on the functioning of the remedies
system is published without delay.
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Institutional Models:
Administrative Bodies 2.
• 10 Member States (CY, DK, EE, ES, HR, HU, MT, PL,
SK and SI) have established specialised public
procurement review bodies (= established solely
to deal with cases relating to public procurement),
e.g.:
• the Tenders Review Authority in Cyprus,
• the State Commission for Supervision of Public
Procurement Procedures (SCSPPP) in Croatia,
• the Public Procurement Arbitration Board (PPAB) in
Hungary,
• the Public Contracts Review Board in Malta,
• the Office of Public Procurement (PPO) in Slovakia.
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Specialised Public Procurement
Review Bodies
• The procedure is usually simpler and quicker
than is the case in regular courts.
• The members of the specialised review body
deal exclusively with procurement cases (as a
result, they quickly gain specialised expertise).
• The cost involved when regular courts review
complaints may be much higher than it would
be in specialised review bodies, due to the
length of the procedure and the need for legal
representation.
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Institutional Models:
combination of the two
• In a few countries, depending on the nature of the
claim and the remedy sought, an application for
review can be made either to the administrative
or judicial body at first instance.
• e.g. in Belgium:
• claims for annulment or suspension:
• the Council of State (Administrative Branch) when the CAE is
an administrative body,
• the ordinary courts otherwise,
• claims for damages, declaration of absence of effects
and alternative sanctions: the ordinary courts (Ordre
judiciaire)
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Status and independence of a
specialised review body
• The independence of the review body is a
cornerstone for ensuring credible results of the
remedy procedures against public
procurement decisions (requirement of the
Remedies Directives as well as according to
international best practice)
• The issue of independence should be
addressed on two levels:
• Independence of the review body as an institution;
• Independence of the members of the review body.
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Independence of the members of
the review body
• The member’s independence is an essential
requirement for demonstrating the independent
status of the review body as an institution.
• Requirements:
• proper rules on the procedures of appointment and
dismissal of the members;
• the members must be protected by law from any
interference or even pressure;
• the members must exercise their functions with
complete independence, and any instructions given, in
the performance of their duties, on behalf of any other
person must be prohibited by law;
• proper conflict of interest rules;
• financial safety of the members
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4 major steps for successful
remedies system
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Education of the
private and public
sector about legal
protection in public
procurement
PRB set-up
- Independents of PRB
- Sufficient budget
- Premises for PRB
Branding of the PRB
Transparent
functioning
Webpage
Awareness raising
material
Manuals for all stake
holders
PRB in the public
procurement system
• Relationship towards
the government
• Relationship towards
the representatives of
private sector
• Relationship toward
the contracting
authorities