The Beentjes- ruling C-31/87 from the European Court of Justice (ECJ) is well-known for introducing at a relatively early stage in public procurement case-law the notion of contract performance conditions as an additional category of criteria alongside requirements to what is to be delivered and by whom. This and subsequent rulings provided an important basis for laying down contract… Continue reading A Tale of Hazardous Waste
A small Irish coastal town has during recent years witnessed a bitter dispute about fishermen’s right to keep fishing vessels in a newly developed marina intended mainly for pleasure boats. The marina development is a public private partnership (PPP) project and the dispute escalated this summer when the private operator attempted to seize and remove a fishing vessel… Continue reading PPP for the People
Digital-ready legislation is high on the international agenda, at EU-level and elsewhere. The aim is essentially to ensure that digital solutions are worked in at the earliest stages of the legislative process. This includes first and foremost a conversion of any traditional requirements concerning physical documents and signatures into digital equivalents. It will also naturally… Continue reading The computer says “no” – IT and administrative law
A recent decision from the European Court of Justice (ECJ) in joined cases C-155/19 and 156/19 concerns the definition of public law bodies, which alongside state and regional authorities is the second category of entities covered by the so-called classical sector public procurement directive (2014/24/EU). The definition includes cumulative requirements as regards general interest activities,… Continue reading New ECJ case concerning the entities covered by the Public Procurement Directives
The use of digital standard forms as part of the procurement process has obvious advantages. It saves time and reduces the risk of errors through use of autofill and the blocking of uploading where the bidder has for example forgotten to tick a box or a drop-down menu or to include an annex. From the perspective… Continue reading ESPD ambiguities in e-procurement
