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This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery. With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.
ÔThis volume is long overdue. Integrated legal and economic analysis of competition law is crucial given the nature of the sector. However to carry this off successfully, one either needs intensive editorial work to bring different teams together; or one has to rely on the few who master both economic and legal analysis to a tee. Stefan WeishaarÕs analysis not only looks at a stubborn issue in competition law. He does so in three jurisdictions, in detailed yet clear fashion, with clear insight and ditto conclusions. Over and above its relevance to academic analysis, this book can go straight into competition authoritiesÕ decision making, and therefore also in compliance and remediation advice.Õ Ð Geert Van Calster, University of Leuven, Belgium Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies. Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement Ð which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions Ð the European Union, China and Japan Ð and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken. Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.
The Routledge Handbook of Public Procurement Corruption showcases the most innovative and exciting research being conducted in this important area of study, providing a comprehensive go-to reference for all who are interested in the topic. During the COVID-19 pandemic, the global race for health and ancillary goods amid global supply chain disruptions demonstrated that, when tested, all countries are incredibly vulnerable to fraud and corruption in public procurement, irrespective of their level of development. Yet despite the widespread nature of the problem, there remains a lack of in-depth, analytical, and cross-country investigations into public procurement corruption. This book addresses this gap by providing a comprehensive, multidisciplinary, geographically balanced treatise on corruption in public procurement. It combines country-specific studies to allow readers to easily compare differing perspectives and approaches and overarching thematic chapters to reflect on new and cutting-edge issues in procurement and their implications for procurement corruption. Key sectors such as healthcare and infrastructure are considered, as well as the role of new technologies, in both combatting and enabling procurement corruption. This Handbook provides academics, practitioners, and graduate researchers of public administration, law, and anti-corruption with all of the tools they need to understand the nuances of public procurement corruption around the world.
Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
Following the extensive global impact of COVID-19, this forward-looking Research Handbook examines the pandemic from a public management perspective, exploring the roles and responses of public managers and considering how public organisations will be reshaped in the future.
This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.
This new edition of a work regarded as "the bible" on procurement issues provides a detailed analysis of the legal and policy framework for procurement in the EU and UK. It includes detailed explanations and critique of the impact of the important new EU directives that will be adopted in 2014
This book looks at regulation, policy and implementation of framework agreements, supplier lists and other similar public procurement tools, with a strategic and pragmatic perspective. Whilst procurements of huge volumes and value are performed worldwide through such tools on a daily basis, and despite their complexity and diversity, this topic has rarely been studied in a systematic way. The book fills this major gap. It examines a series of public procurement systems or legal instruments selected to ensure wide coverage – the UNCITRAL Model Law on Public Procurement, the World Bank, the US federal procurement system, EU law, France, Romania, and the UK pre- and post-Brexit. By deconstructing over 20 'clusters' of tools into their key features along a pattern for analysis, the book reconstructs a conceptual framework for purchasing uncertain or indefinite requirements through a transversal perspective across public procurement systems. In this way, the book provides valuable orientation to law and policy makers for improving or reforming this area, to procurement officers in interpreting existing regulation and identifying innovative practical solutions, and to lawyers and the judiciary for a balanced application of the regulation. The book delivers essential material for procurement of uncertain or indefinite requirements.