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The 3 revolutions of public procurement in Africa

Open Contracting Partnership

Public procurement 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.

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Risk of anti-competitive collusion after excessive level of transparency in public procurement debriefing?

European Law: Public Procurement

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 public procurement procedures. 1) (‘the Financial Regulation’).

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Saving the planet through procurement: Governments are identifying ways to use purchasing to achieve and support sustainability goals

American City & Country

Sustainable government procurement is the process of acquiring goods and services that meet the government entity’s needs while minimizing environmental and social impacts. Public procurement is key to this endeavor because public institutions and state enterprises must procure vast amounts of goods, services, and works to do their jobs.

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The Purpose of Procurement: How ESG is Changing our Roles

The Procurement School

Procurement decisions were largely one-dimensional – with economic interests being the first choice. ESG practices are driven in the supply sector by the largest player on the demand side, public procurement. The solutions are not secrets. The weighting on environmental and social values continues is tempering pricing.

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Duty to give reasons under EU procurement law and EU trademark law: is there a contradiction?

European Law: Public Procurement

Even if they may seem two – rather disconnected – areas of legal practice, reading cases on EU public procurement and on EU trademark law sometimes offers interesting insights into broader issues of EU economic law or, more generally, EU law. Moreover, she could not sue without knowing what those reasons are.

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For Galakis the Bell Tolls: Is the SMAC v Ryanair Decision the End of Arbitration for Public Entities in France?

Kluwer Arbitration

Most of the exceptions to the prohibition for public entities to have recourse to arbitration are listed in Article L. 2197-6 of the Public Procurement Code ) and to include arbitration agreements in public-private partnerships so far as French law applies ( Article L.2236-1 21BX00596 ) before reaching the Conseil d’Etat.

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A missed opportunity to provide meaningful clarification on state aid analysis of procurement compliance and some problematic ‘obiter dicta’ (C-28/23)

How to Crack a Nut

It is worth recalling that Auroux (C-220/05, EU:C:2007:31 ) concerned a case involving the signing of an agreement between a municipality and a special purpose vehicle with separate balance sheet to run a re-generation programme. Therefore, this statement is also obiter dictum.