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Publicprocurement is like the heartbeat of public spending in most of Africa – by some estimates, it accounts for 17% of the GDP of African Countries. Procurement was long seen as a clerical administrative function, rather than a strategic lever. This was not always the case.
Public authorities wishing to procure such products should do so in accordance with article 23 of the publicprocurement directive (Directive 2004/18/EC) for Eco-products and in accordance with article 26 for Fair Trade products. According to Advocate General Kokott they are. But does her reasoning make sense?
In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP) , the Court of Justice has issued another interesting decision on what should be considered sufficient debriefing of disappointed bidders in publicprocurement procedures. 114) (‘Directive 2004/18’).
Whether or not the tiltable turntable equipment qualified for the exemption was important because otherwise the procurement procedure had to comply with the publicprocurement directive ( directive 2004/18/EC ). This is a matter for the national court to determine.
Can public authorities procure fair trade products, or are they debarred from specifically referring to the fair trade qualities of those products under the publicprocurement directive (directive 2004/18/EC)? This is one of the issues underlying the judgment of the Court in Case C-368/10 Commission v.
PublicProcurement: Building Business Cases and Driving Momentum. For the Government, supplier diversity programs are something procurement professionals in the United States (US) have accepted as a key element to their procurement success. Agile Procurement in Canada.
This relates to the ‘strategic’ use of procurement remedies by contracting authorities that have breached procurement law (issue 3). Framing: Directive 2004/18/EC, Directive 2014/24/EU, or it does not matter? In this post, I will focus on issues 1 and 2.
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