Table of Contents

Research Handbook on EU Public Procurement Law

Research Handbook on EU Public Procurement Law

Research Handbooks in European Law series

Edited by Christopher Bovis

The Research Handbook on EU Public Procurement Law makes a major contribution to our understanding of the EU public procurement regime, at a time when it is being implemented by the EU Member States, and of the pivotal role that this will play for the delivery of the European 2020 Growth Strategy. The internal market relies on a simplified regime in the European Union, which will result from procedural efficiencies and from streamlining the application of the substantive rules. The Research Handbook has comprehensive thematic coverage which includes: public procurement regulation, strategic procurement, justiciability in public procurement, public procurement and competition and public procurement and public service.

Chapter 8: Innovative public-private partnerships

Marta Andrecka

Subjects: law - academic, european law, politics and public policy, public policy


Europe as well as any other region is faced with important societal challenges such as ensuring high quality and accessible health care, the fight against climate change and improving energy efficiency. Addressing these challenges often requires new and better solutions. As research and innovation play a central role in the Europe 2020 strategy for smart, sustainable and inclusive growth, the procurement of innovation is of high value. Furthermore, in its original form, the aim of Public-Private Partnerships (PPP) was to create and introduce new innovative methods, techniques, solutions, incentives, as well as new types of cooperation and investment to create a better value for money. Therefore, one form of an innovation delivery may be through a PPP contract. At the beginning of 2014, the European Parliament and the Council adopted the new Directive 2014/24/EU on public procurement. The new act is a greater codification of the provisions, and there are more decisions for the contracting authorities to make. The Public Sector Directive puts greater emphasis on promotion of innovation than its predecessors. It manifests it among others by introducing a new procedure called the innovation partnership. The availability of the new provisions may be valuable particularly from the perspective of complex contracts such as Public-Private Partnerships, which are characterised as mixed contracts. This is because the innovation partnership has the potential to enable a contracting authority to procure complex contracts with more than one subject matter regarding development of innovation and its delivery.

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