IMPACT OF THE QUALITY OF LEGAL PROTECTION ON THE PUBLIC PROCUREMENT MARKET - PowerPoint PPT Presentation

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IMPACT OF THE QUALITY OF LEGAL PROTECTION ON THE PUBLIC PROCUREMENT MARKET

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YES Where happening ? MARKET THE QUESTION CAN BUSINESS LOGIC BE APPLIED TO PP TENDERING PROCEDURES? WHAT IS Tendering procedure? WHAT IS Public interest? – PowerPoint PPT presentation

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Title: IMPACT OF THE QUALITY OF LEGAL PROTECTION ON THE PUBLIC PROCUREMENT MARKET


1
IMPACT OF THE QUALITY OF LEGAL PROTECTION ON
THE PUBLIC PROCUREMENT MARKET
  • Tina ERŽEN, Ph. D.,
  • IEDC Bled School of Management, Slovenia
  • Conference on "Public Procurement Review
    Remedies SystemsDubrovnik 24-25 May 07

2
PP MARKET
  • Does it exisit SEPARARTELY
  • or is it just a
  • part of the COMMON MARKET ?
  • policies vs. realities

3
QUALITY OF PROTECTION
  • TYPES OF PROTECTION of rights of all parties
    AVAILABLE
  • CONNECTEDNESS OF THESE TYPES normative,
    practical
  • QUALITY OF TYPES
  • availability,
  • transparency,
  • purpose of a type,
  • effectiveness of a type,
  • cultural embededness,
  • institutional support.

4
  • activity
  • COMPETITION
  • situation / state of things/ landscape
  • most of human activity gt SURVIVAL

5
ECONOMIC SURVIVAL
  • PRIVATE ENTITIES
  • Survival in business ? YES
  • Where happening ? MARKET

PUBLIC ENTITIES Do they have to buy ? YES Where
? MARKET Same market ? YES
6
THE QUESTION
  • CAN BUSINESS LOGIC BE APPLIED TO
  • PP TENDERING PROCEDURES?
  • WHAT IS Tendering procedure?
  • WHAT IS Public interest?
  • Is competition (in) Public interest ??

7
TENDERING PROCEDURE
  • steps to be taken when approaching suppliers
  • DIRECTIVES gt general regulation (approach)
  • BUT
  • BASIC PRINCIPLES OF PP
  • MAIN AIM OF REGULATION gt to achieve EFFECTIVENE
    SS OF PRIVATE SECTOR

8
TENDERING PROCEDURE
  • average BEHAVIOUR OF MARKET PARTICIPANTS
  • ! accessibility of demand and supply
  • !choice ..... ? drivers ? Economic efficiency
  • lower prices
  • terms of contract
  • customization
  • OBLIGATORY ELEMENTS
  • OF TENDERING PROCEDURE

9
PUBLIC INTEREST
  • NO definition in PP regulations
  • (interpretation)
  • all and everything contributing to
  • aims goals of PP regulation
  • 3 AREAS efficiency of purchasing
  • public purchasing a sound and viable activity
  • opening-up of market

10
PUBLIC INTEREST vs. BASIC PRINCIPLES
  • BASIC PRINCIPLES
  • P. of Equal treatment /Non-discrimination
  • P. of Transparency
  • P. of Proportionality
  • P. of Mutual recognition
  • ECONOMIC
  • EFFECTIVENESS
  • access to all by all
  • value for money

11
COMPETITION AS PUBLIC INTEREST
  • effect of BASIC PRINCIPLES
  • ....just distribution of business opportunities
  • DIR 1992, 1993
  • gt focus on first steps of acquisition process
  • establishing conditions of supply demand
  • PREFERENTINAL
  • TREATMENT TRANSPARENCY / NON- DISCRIMINATION

12
  • DIR 2004
  • ...a step forward
  • more flexibility in designinig terms of business
  • CONTRACTUAL FREEDOM neccessary for efficient
    purchasing
  • but
  • LIMITS - Private market Competition law
  • - Public market ? Competition law
  • ? Review authorities through BASIC
    PRINCIPLES

13
ANSWER to THE QUESTION
  • Can business logic be applied to PP tendering
    procedures?

Not only can, but MUST, within the legal
framework provided ! ETHICS PROFESSIONAL
STANDARDS
14
THANK YOU FOR YOUR ATTENTION
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