Union, principally financed by the EU A joint initiative of the OECD and the European 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 Systems“ Dubrovnik 24 -25 May 07 © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European PP MARKET l Does it exisit SEPARARTELY or is it just a part of the COMMON MARKET ? policies vs. realities © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European QUALITY OF PROTECTION l TYPES OF PROTECTION of rights of all parties AVAILABLE l CONNECTEDNESS OF THESE TYPES – normative, practical l QUALITY OF TYPES – • • • availability, transparency, purpose of a type, effectiveness of a type, cultural embededness, institutional support. © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European activity l COMPETITION situation / state of things/ landscape most of human activity > SURVIVAL © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European ECONOMIC SURVIVAL l PRIVATE ENTITIES • Survival in business ? • Where happening ? PUBLIC ENTITIES Do they have to buy ? Where ? Same market ? YES MARKET YES © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European THE QUESTION l CAN BUSINESS LOGIC BE APPLIED TO PP TENDERING PROCEDURES? 1. 2. 3. WHAT IS Tendering procedure? WHAT IS Public interest? Is competition (in) Public interest ? ? © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European TENDERING PROCEDURE l = steps to be taken when approaching suppliers l DIRECTIVES > general regulation (approach) BUT – BASIC PRINCIPLES OF PP – MAIN AIM OF REGULATION > to achieve EFFECTIVENESS OF PRIVATE SECTOR © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European TENDERING PROCEDURE l average BEHAVIOUR OF MARKET PARTICIPANTS l ! accessibility of demand supply l !choice. . . ? drivers ? Economic efficiency lower prices terms of contract customization OBLIGATORY ELEMENTS OF TENDERING PROCEDURE © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European PUBLIC INTEREST l 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 © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European PUBLIC INTEREST vs. BASIC PRINCIPLES ECONOMIC EFFECTIVENESS access to all by all value for money BASIC PRINCIPLES P. of Equal treatment /Non-discrimination P. of Transparency P. of Proportionality P. of Mutual recognition © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European COMPETITION AS PUBLIC INTEREST effect of BASIC PRINCIPLES: . . just distribution of business opportunities l DIR 1992, 1993 > focus on first steps of acquisition process: establishing conditions of supply & demand PREFERENTINAL TREATMENT TRANSPARENCY / NONDISCRIMINATION © OECD
DIR 2004. . . a step forward: more flexibility in designinig terms of business: Union, principally financed by the EU A joint initiative of the OECD and the European l CONTRACTUAL FREEDOM neccessary for efficient purchasing but LIMITS - Private market: Competition law - Public market: ? Competition law Review authorities through BASIC PRINCIPLES © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European ANSWER to THE QUESTION l Can business logic be applied to PP tendering procedures? Not only can, but MUST, within the legal framework provided ! + ETHICS & PROFESSIONAL STANDARDS © OECD
Union, principally financed by the EU A joint initiative of the OECD and the European THANK YOU FOR YOUR ATTENTION © OECD
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