Author : Katarzyna Kuźma
Publisher : Edward Elgar Publishing
Page : 407 pages
File Size : 21,85 MB
Release : 2020-10-30
Category : Law
ISBN : 1789904854
This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU.
Author : Robert D. Anderson
Publisher : Oxford University Press
Page : 385 pages
File Size : 26,30 MB
Release : 2024-03-06
Category : Law
ISBN : 0192882996
'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This book provides a legal, economic, and practical analysis of issues concerning corruption and supplier collusion in public procurement, both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. It offers practical guidance on building robust regimes for combatting corruption and collusion in public procurement and how to bolster and improve them when they are faltering. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book. Pioneering and comprehensive, Combatting Corruption and Collusion in Public Procurement provides a pathbreaking analysis of a range of global issues, making it an essential read for scholars, lawyers, government officials and representatives of international and non-governmental organizations around the world.
Author : Aris Georgopoulos
Publisher : Oxford University Press
Page : 646 pages
File Size : 12,46 MB
Release : 2017
Category : Business & Economics
ISBN : 0198796749
This book examines how international norms for government procurement are reflected in purchasing practices at the national level and whether there is convergence in policies and approaches across countries.
Author : OECD
Publisher : OECD Publishing
Page : 115 pages
File Size : 19,51 MB
Release : 2020-10-08
Category :
ISBN : 9264305920
This report analyses the progress made in implementing the recommendations of the Charbonneau Commission and benchmarks these measures against good practices in OECD countries.
Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 40,61 MB
Release : 2011-01-29
Category : Law
ISBN : 1782253599
Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.
Author : Sope Williams-Elegbe
Publisher : Bloomsbury Publishing
Page : 356 pages
File Size : 42,98 MB
Release : 2012-11-06
Category : Law
ISBN : 178225014X
Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.
Author : Caranta, Roberto
Publisher : Edward Elgar Publishing
Page : 1040 pages
File Size : 46,27 MB
Release : 2021-10-26
Category : Law
ISBN : 1789900689
This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.
Author : OECD
Publisher : OECD Publishing
Page : 315 pages
File Size : 48,64 MB
Release : 2017-06-15
Category :
ISBN : 9264272887
This report looks at how to curb corruption and build a more competitive economy in the Republic of Kazakhstan by assessing four crucial factors: governance, prevention, detection, and prosecution and recovery.
Author : OECD
Publisher : OECD Publishing
Page : 240 pages
File Size : 36,99 MB
Release : 2018-01-10
Category :
ISBN : 9264190198
This review highlights achievements of the Mexican Institute of Social Security (Instituto Mexicano del Seguro Social, IMSS) in a number of areas – human resources, technological capacities and relations with suppliers – previously identified by the OECD as pivotal for the successful reform of IMSS
Author :
Publisher : World Bank Publications
Page : 180 pages
File Size : 44,67 MB
Release : 2000
Category : Political Science
ISBN : 9780821346006
Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.
