Public Procurement Act proposal commentary – Article 75 – Union restrictions for third-country non-covered economic operators, goods, services and works

(See Pedro’s thoughts on Article 75 here) Like Article 72, Article 75 is the second ‘European preference’ Article empowering the Commission to adopt delegated acts. While Article 72 delegated acts are aimed at revoking covered status (in a legally problematic way), there is almost nothing legally problematic here. The Commission is empowered to ‘require public…

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Public Procurement Act proposal commentary – Article 74 – Origin

(See Pedro’s thoughts on Article 74 here) Article 70 determines coverage – which economic operators, goods, services and works will be considered covered (having equal access to the EU public procurement market) – and coverage is established by origin. Therefore, Article 70 is impossible to read in a vacuum, as Article 74 establishes rules on…

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Problems with social responsibility, self-reporting and data in public procurement

Our socially responsible public procurement (SRPP) project has entered its second year, which means it’s time to start analysing the data – hundreds of thousands of Croatian contract notices from 2016 to 2026. Now, what we’ll exactly search for in the notices is still being discussed, but the goal is to identify indicators of deliberate…

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Public Procurement Act proposal commentary – Article 73 – European preference requirements

(See Pedro’s thoughts on Article 73 here) Article 73 is the meat and potatoes of the ‘European preference’ chapter, or at least it should be. But for a carnivore, it leaves a tofu aftertaste (apologies to my vegetarian and vegan friends, I couldn’t resist). I’ve written about my issues with the way the Commission decided…

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Collected Papers of Zagreb Law Faculty ‘Public Procurement – A New Way Forward 2025’ Special Issue is out!

Conferences are great, but papers are better! I’m very happy and proud to post about this – the first public procurement law special issue (in English!) of one of the best (I’d say – the best, but then you’d say I’m biased) law journals in South-Eastern Europe! The papers you can read here were written…

Read more Collected Papers of Zagreb Law Faculty ‘Public Procurement – A New Way Forward 2025’ Special Issue is out!

Public Procurement Act proposal commentary – Article 72 – Restrictions on covered economic operators, goods, services or works

(See Pedro’s thoughts here) The ‘European preference’ chapter of the Public Procurement Act proposal gives the Commission the authority to adopt delegated acts in two instances – one in Article 75 (making it mandatory for contracting authorities to implement European preference requirements – more on this in the commentary on Article 75), and the other…

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Public Procurement Act proposal commentary – Article 71 – Determining the scope of coverage for third-country covered economic operators, goods, services or works

(See Pedro’s thoughts here) In the last week’s commentary on Article 70, I mentioned the inherent complexity in determining what will be covered economic operators, goods, services and works from one public procurement procedure to the next. A ‘covered’ economic operator in one procedure may not be ‘covered’ in another conducted by the same contracting…

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Public Procurement Act proposal commentary – Article 70 – Covered economic operators, goods, services or works

(See Pedro’s thoughts on Article 70 here) Public procurement procedures conducted in a Member State may see three kinds of economic operators: those from Member States (including the Member State where the procurement is conducted),  those from countries with plurilateral or bilateral trade agreements in place with the EU that contain procurement provisions/chapters, and those from…

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