• Erscheinungsweise vierteljährlich
  • ca. 60 Seiten
  • ISSN 2194-7376
  • Sprache: Englisch

EPPPL 3/2020 – Public Private Partnerships in Focus

Issue 3/2020 of the European Procurement & Public Private Partnerships Law Review (EPPPL) in now available. The theme of this edition are Public Private Partnerships (PPPs). In the Articles section you can find in-depth discussions on: climate PPPs in the EU, a legal analysis of State support in PPPs in Turkey, legal remedies for PPPs in China, and (on a slightly different topic) administrative arbitration in public procurement in Portugal.

 

Read two case notes on important judgments of the CJEU:

In the Country Reports section of EPPPL 3/2020 you can find two excellent reports:


 

View all articles of EPPPL 3/2020.

Become an author for EPPPL and view our Call for Papers.

About EPPPL - European Procurement & Public Private Partnership Law Review

Procurement procedures and Public-Private Partnerships are two major legal and policy instruments regulating the relationship between the public and private sectors in terms of procedural and substantive issues, required for the effective and efficient delivery of public services. Since 2006 the European Procurement and Public Private Partnership Law Review (EPPPL) has been committed to observe and comment on relevant national, EU and international legal and policy developments informing and shaping Public Procurement and PPPs.

Aims & Scope

EPPPL is a blind peer-reviewed international academic journal that publishes original academic articles, research papers and contributions on contemporary legal and policy developments in European Union and International Public Procurement and Public Private Partnerships.

Topics covered by the journal include:

  • national, EU and international Public Procurement and PPP legal reforms;
  • Sustainable, Responsible and Strategic Public Procurement;
  • compliance with EU Public Procurement, Utilities and Concessions Directives;
  • implementation of EU rules in the Member States;
  • detection of fraud, corruption and anti-competitive behaviour;
  • interdisciplinary aspects of Procurement and PPP Law (Brexit, Competition and State aid Law, EU funds management etc.)

All manuscripts will be subject to blind peer-review prior to publication and are required to conform to the author guidelines.

 

EPPPL’s Target Audience

Since 2006 EPPPL has been growing into the leading platform for academics, policy-makers and practitioners across Europe and beyond to share and sharpen their expertise in Public Procurement and Public Private Partnership law.

EPPPL’s Structure

Thanks to EPPPL’s diverse editorial board and country correspondents as well as expert authors handpicked upon the quality of their contributions, the law journal is able to offer insightful legal analysis, concise and informative reports and guidance to finding workable solutions in matters related to Public Procurement and Public-Private Partnerships.

Editors

Managing Editor

Christopher Bovis, University of Hull, United Kingdom

Editorial Board

Anne van Aaken, University of St. Gallen, Switzerland
Hans Wilhelm Alfen, Bauhaus University, Weimar, Germany
Andrea Biondi, King’s College, London, United Kingdom
Michael Bowsher, Monckton Chambers, London, United Kingdom
Martin Burgi, Ludwig Maximilian University of Munich, Germany
Michael Burnett, European PPP Forum, Maastricht, The Netherlands
Dacian C. Dragos, Babes Bolyai University, Cluj-Napoca, Romania
Steven van Garsse, PPP Knowledge Center of the Flemish Government, Antwerp, Belgium
Alberto Germani, PPP Advisor of UAE, Member of UNECE PPP Team of Specialist, Abu Dhabi, United Arab Emirates
Friedrich Ludwig Hausmann, PWC, Berlin, Germany
Herwig Hofmann, University of Luxembourg, Luxembourg
Christian Koenig, University of Bonn, Centre for European Integration Research, Bonn, Germany
Bertrand du Marais, Conseil d’État, Paris, France
Matthias Petschke, European Commission, Brussels, Belgium
Stephan Rechten, Beiten Burkhardt Rechtsanwaltsgesellschaft mbH, Berlin, Germany
Sarah Schoenmaekers, Maastricht University, The Netherlands
Piet Jan Slot, Leiden University, The Netherlands
Tobias Traupel, Representation of Rhineland – Palatinate to the Federal Government and the EU, Brussels, Belgium
Christopher R. Yukins, George Washington University Law School, Washington D.C., United States of America

Case Law Editor

Paweł Nowicki, Nicolaus Copernicus University, Torun, Poland

Executive Editor

Caio Weber Abramo, Lexxion Publisher, Berlin, Germany

Country Correspondants

Austria Martin Oder, Haslinger/Nagele & Partner, Vienna
Baltic Countries Deividas Soloveičikas, Vilnius University, Faculty of Law
Belgium Constant De Koninck, Senior Auditor, Belgian Court of Audit
Cayman Island Laura Panadès-Estruch,  Truman Bodden Law School, Cayman Islands
Cyprus Demetris Savvides, Blars Ltd
Czech Republic Robert Krč, University of West Bohemia, Plzeň
Denmark Martin André Dittmer, Gorrissen Federspiel, Copenhagen
France David Hartmann, Bastian, Marciet & Associés
Greece Spyros Panagopoulos, Panagopoulos & Partners – Law Firm
Hungary Tünde Tátrai, Corvinus University of Budapest
Italy Luca Pardi, Partner, Studio Legale Associato a Watson, Farley & Williams, Rome
Luxembourg Quentin Hubeau, Sedlo Jimenez Lunz Law Firm
Malta Clement Mifsud-Bonnici, Ganado Advocates, Valletta
Portugal Pedro Melo, PLMJ – A. M. Pereira, Sáragga Leal,
Oliveira Martins, Júdice e Associados, Lisbon
Romania Ioan Baciu, Rubin Meyer Doru & Trandafir, Bucharest
Serbia Branimir Blagojevic, Republic Commission for Protection of Rights
Slovakia Peter Hodal, White & Case, Bratislava
Slovenia Petra Ferk, Graduate School of Government and European Studies, Institute for Public-Private Partnership
Spain Miguel Ángel Bernal Blay, Faculty of Law, University of Zaragoza
Sweden Tobias Indén, Umeå University, Umeå
Switzerland Peter Hettich, University of St Gallen
The Netherlands Jan M. Hebly, Houthoff Buruma / Leiden University
United Kingdom Nick Maltby, Lawyer
Ukraine Irina Zapatrina, National Trade and Economy University, Kiev

Latest Article

Issue Article
3/2020 Climate Public Private Partnerships in the EU: A Climate Law and Economic Perspective
3/2020 Legal Analysis of State Support in Public Private Partnerships in Turkey
3/2020 Legal Remedies for Public Private Partnerships in China
3/2020 Administrative Arbitration in Public Procurement in Portugal: State-of-the-Art
2/2020 A New Methodology for Improving Penetration, Opportunity-Visibility and Decision-Making by SMEs in EU Public Procurement
2/2020 EU Public Procurement Law:Amendments of Public Works Contracts After the Award due to Additional Works and Unforeseeable Circumstances
2/2020 Exclusion of Certain Legal Services from Directive 2014/24/EU: the Italian case
2/2020 Sustainable Public Procurement Best Practices at Sub-National Level: Drivers of Strategic Public Procurement Practices in Catalonia and Barcelona
2/2020 Public Procurement and Natural Disasters: Lessons from Croatia
2/2020 The Need for Emergency Public Procurement Legislation in China: Lessons from COVID-19
1/2020 On Competition, Free Movement and Procurement
1/2020 Competition in British Overseas Territories’ Public Procurement
1/2020 Cooperation in Defence and Security Procurement among EU Member States
1/2020 The Possibility to Exclude an Economic Operator that Cannot Be Trusted
1/2020 Deus Ex Machina?
1/2020 Life Cycle Costing
1/2020 Public Procurement Scoreboard 2018
4/2019 Special Issue on the Legal Remedies and Implications from the Fosen-Linjen Case ∙ Damages in EU Public Procurement Law:
4/2019 Fosen-Linjen Can Hardly Be the Last Chapter
4/2019 Special Issue on the Legal Remedies and Implications from the Fosen-Linjen Case ∙ Procurement Damages in the UK and France
4/2019 Special Issue on the Legal Remedies and Implications from the Fosen-Linjen Case ∙ The Fosen-Linjen Saga ­– A Norwegian Perspective
4/2019 Special Issue on the Legal Remedies and Implications from the Fosen-Linjen Case ∙ The Fosen-Linjen Saga from an EEA Law Perspective
4/2019 Special Issue on the Legal Remedies and Implications from the Fosen-Linjen Case ∙ The EFTA Court’s Fosen-Linjen Saga on Procurement Damages:
A There and Back Again Walk
4/2019 Special Issue on the Legal Remedies and Implications from the Fosen-Linjen Case ∙ Damages in Public Procurement Law: A Right or a Privilege?
3/2019 Swimming Against the Tide
3/2019 The Impact of the EU Data Protection Rules on the GPA
3/2019 Competition and Serbian Public Procurement Policy
3/2019 The Implementation of Decentralised Ledger Technologies for Public Procurement
2/2019 Directive 2014/24/EU and the Implementation of e-Procurement in Portugal – Part II

Cases for Annotation

We invite expert authors to submit annotations on major Cases related to Public Procurement from the CJEU. Only authors who contact us in advance will be reserved a case. Send an email to the Case Law Editor Paweł Nowicki at pnowicki@law.umk.pl.

We are currently seeking notes on the following judgments:

Case Number Case Name/Parties
C-318/15 Tecnoedi Costruzioni
C-387/14 ESAPROJEKT
C-549/14 Finn Frogne
C-171/17 Commission v Hungary
C-406/14 Miasto Wroclaw v Minister Infrastruktury i Rozwoju
C-388/17 Konkurrensverket v SJ AB
C-266/17 and C-267/17 Rhein-Sieg-Kreis
C-697/17 Telecom Italia

This list is updated frequently. Feel free to propose annotations on other cases of relevance as well.

National Cases

EPPPL also accepts annotations on relevant cases from national jurisdictions.

Suitable national cases are those that, for example: may have a trans-national effect(esp. EU level), offer a novel or unique interpretation or application of EU rules, show a shift in jurisprudence in the particular court or country, deal with a special/rare set of circumstances etc.

Contact us to discuss any of these possibilities!

15. Juli 2020

EPPPL 2/2020 – Fine-tuning Public Procurement to Address Bigger Problems

Issue 2/2020 of the European Procurement & Public Private Partnerships Law Review (EPPPL) shows how public procurement, when designed and applied properly, can help address major environmental or economic issues. This edition also offers expert insights into all levels of the public procurement world: regional, national, European and international. The comprehensive Articles section discusses: a new methodology for improving penetration by SMEs in EU public procurement, an analysis of the rules on post-award amendments to public works contracts due to additional works and unforeseeable circumstances, the exclusion of certain legal services from Directive 2014/24/EU, best practices from Catalonia and Barcelona in sustainable public procurement, Croatia’s experience in public procurement and natural disasters, and a comparative assessment of emergency procurement methods, with a case study on COVID-19, in China, the EU and US. In the Case Law section, read two annotations, both of which originate from Italy and deal with subcontracting: Also in this issue of EPPPL, two national reports – from Switzerland and the Cayman Islands

  View all articles of EPPPL 2/2020. Become an author for EPPPL and view our Call for Papers.
28. April 2020

EPPPL 1/2020 – The Broad World of Procurement

In this issue of the European Procurement & Public Private Partnerships Law Review we showcase the diversity of research carried out in the field. Our selected literature includes an analysis On Competition, Free Movement and Procurement related to the Irgita Case, a look at Cooperation in Defence and Security Procurement in the EU, thoughts on Public Procurement in the Second Machine Age, an analysis of the question of Exclusion of an Untrustworthy Operator, considerations on Life Cycle Costing in public procurement, a comparative study on Competition in British Overseas Territories, and a presentation of the Public Procurement Scoreboard 2018.

We also feature an annotation on Case C‑515/18 Autorità Garante della Concorrenza.

  View all articles of EPPPL 1/2020.  
20. Dezember 2019

EPPPL 4/2019 – Special Issue on the Fosen-Linjen Saga

The latest edition of the European Procurement & Public Private Partnership Law Review (EPPPL) is dedicated to a series of cases that have kept the attention of public procurement experts over the last 6 years – the so-called Fosen-Linjen saga. Its recent resolution has interesting implications for State liability for breaches of procurement rules and for the (potential) reform of the Remedies Directive. The articles in EPPPL 4/2019 give you a complete overview and analysis of the Fosen-Linjen saga: why Fosen-Linjen is likely to lead to further judicial and legislative initiatives, how the case sheds light on the difference in criteria for recovery of damages in the UK and France, what are the Norwegian, the EEA, and EU law perspectives on the saga, and are damages a right or a privilege in the aftermath of Fosen-Linjen. Also in this edition of EPPPL, read an insightful case note on C-285/18 Irgita.

  View all articles of EPPPL 4/2019.  
25. Oktober 2019

EPPPL 3/2019 – Changes Ahead for Procurement

In the wake of the enormous changes introduced by the 2014 Directives, the world of European Public Procurement is constantly adapting to new practices, needs and technologies. This issue of the European Procurement & Public Private Partnership Law Review presents expert analyses on some of these matters: the question of Harmonisation of Article 12 Directive 2014/24 implementatinos, on exemptions at the national level; the Impact of EU Data Protection rules in face of the WTO's Agreement on Government Procurement; Competition and Public Procurement in Serbia; and the application of Blockchain in Procurement.

This issue also brings an annotation on the CJEU's judgment on Case C-264/18 P.M. and Others. The latest developments in Slovenia feature in our Reports section.  

  View all articles of EPPPL 3/2019.  
26. Juli 2019

EPPPL 2/2019 – Current Landscapes of Public Procurement and PPPs

Issue 2-2019 of the European Procurement & Public Private Partnership Law Review is now available to subscribers. It brings a range of authoritative contributions to current debates in the procurement world: the final part of the study on Implementation of e-Procurement in Portugal, a detailed exposition of The Cayman Islands New Public Procurement Legal Framework, an in-depth discussion of Horizontal Policies in Public Procurement, a comparative study on the Rule of Law and Disclosure Rules in Romania and Poland, and an expert Opinion on Unsolicited Proposals for PPPs in Developing Economies.

This issue also features a detailed analytic Case Annotation on Case C-144/17Lloyd’s of London. Our Country Reports section has the latest developments in:  

  View all articles of EPPPL 2/2019.
28. Februar 2019

EPPPL1/2019 – Risk, Civil Society and Innovation in Public Procurement

The European Procurement & Public Private Partnership Law Review greets 2019 with its first issue, bringing insights into the major topics of the field. Our expert authors tackle Risk Assessment in Public Contracts, the adoption of corporate Integrity Pacts, the Role of Civil Society in public spending, the first part of a comprehensive analysis of the Implementation of e-Procurement in Portugal, and an overview of the regime of Sanctions to Misconduct in Azerbaijan related to procurement procedures. We also include a report on the latest developments from Slovakia.  

  View all articles of EPPPL 1/2019  
3. Januar 2019

EPPPL 4/2018 – The intricacies of Public Procurement and PPPs

The latest issue of the European Procurement & Public Private Partnership Law Review brings detailed analysis of law and policy matters from Europe and beyond. This number features the Integration of Defence Procurement in the EU, the question of Abnormaly Low Tenders and State aid, an exploration of the issue of Reservation of Public Contracts for social purposes, Access to Review by an Excluded Tenderer, the Belgian landscape of Procurement and Concession Law, the interplay between the UN Sustainable Development Goals and PPPs in the Ukraine, as well as insights into Nigerian Procurement of Infrastructure Projects and the PP Legal Framework in that country. We also have annotations on the recent judgment of the CJEU’s General Court in T-292/15 Vakakis kai Synergates v Commission, and reports on the latest developments in Switzerland.  

  View all articles of EPPPL 4/2018.
8. Oktober 2018

EPPPL 3/2018 – Procurement Good Practices and Challenges in Europe and Beyond

The new issue of EPPPL is out, with high-level discussions on the most pressing topics of the field. The use of social and environmental clauses in PP are extensively examined in our articles dealing with Human Rights in Public Procurement and Non-legal Barriers to Sustainable Public Procurement in Poland, a country whose In-house Procurement laws and practices and their impact on competition law are critically analysed. The developing concept of Smart Cities also gets a close look, and we learn about the thriving landscape of Public Private Partnerships in South Africa. We also have annotations on two PP-relevant recent judgments of the CJEU in TenderNed (T-138/15) and MA.T.I SUD (C‑523/16 and C‑536/16), and reports on the latest developments in:

  View all articles of EPPPL 3/2018.
14. Juni 2018

EPPPL 2/2018 – Procurement PPPs in and beyond the EU

EPPPL 2/2018 sheds light on remarkable national procurement and PPP systems in an international comparative perspective. Read about the German Register of Competition, the post-Brexit procurement system in the UK, and convergences and divergences of the Europtunnel and  Lombardy case. In addition, learn about the respective regulations in the EU vicinity such as the legal framework for Serbian PPPs as well as the frictional coexistence of preferential procurement under bilateral “Tied Aid” agreements and the principle of non-discrimination under EU Stabilization and Association Agreements in the case of Kosovo. On top of that, the summer issue offers insights into best practices from Nigeria boosting investments into PPPS through better risk mitigation risks. At last, country reports from the Cayman Islands as well as Cyprus put in a nutshell recent relevant national developments.

View all articles of EPPPL 2/2018.
4. Mai 2018

EPPPL 1/2018 – Disclosure and Debarment in and beyond the EU

The first issue of EPPPL in 2018 is now available. Read  about the  current policies and best practices recommended and adopted by the EU, US and  World Bank in terms of  self-cleaning, leniency, bid-rigging, debarment, voluntary and mandatory disclosure and more. In addition, learn all about the French “Big Bang Reform” altering the previously existing PPP regime; and the Croatian reform reinforcing the national procurement system. On top of that, EPPPL 1/2018 offers insightful reports on important national developments from:
 

  View all articles of EPPPL 1/2018.

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