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Piotr Bogdanowicz

In Poland, the access to information in procurement is regulated mainly by the Public Procurement Law (transposing of the 2014 Procurement Directive). In the absence of specific rules, the Public Information Act, which sets the general statutory rules in relation to access to public information (including documents) shall apply. The analysis of these texts, as well as relevant case-law, shows that the access to information in Poland is quite wide. The aim of this chapter is to study the legal framework existing in Poland for the regulation of transparency in procurement, including both ex ante and ex post procurement transparency, as well as transparency in procurement litigation.

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Piotr Bogdanowicz

This chapter describes the status of the EU Procurement Directives‘ transposition into the national legal order of Romania, with an emphasis on the challenges encountered and some aspects which still need to be resolved in the near future. Romania transposed the Directives almost on time (there was a delay of a few weeks), through four separate laws, employing the copy-out approach. This has led to a complicated legal framework, with primary legislation being detailed in secondary, tertiary and soft law instruments, which sometimes contradict the primary legislation. Due to corruption and the fear of limited administrative capacity, a precautionary approach was maintained with regard to the discretion allowed contracting authorities. Numerous legal changes to the initial text of the law are expected by both practitioners and scholars in the near future in order to correct errors or to better specify concrete conditions for the application of the primary legislation.

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Piotr Bogdanowicz

This chapter examines how the European Union decided to regulate concessions and PPPs within the realm of European Union law and considers the reasons behind the decision of EU legislator to harmonise only concessions, and not PPPs. The chapter shows that the road to Directive 2014/23/EU on the award of concession contracts was long and winding. It is held that although the Directive sought to provide greater certainty, the contours of European Union public procurement law following the adoption of the Directive will probably remain unclear. The chapter also shows that the lack of specific provisions of European Union law directly regulating issues related to PPP did not impede the actions of European institutions, which adopted a number of soft law instruments in this regard.

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Piotr Bogdanowicz

This chapter deals with the national legislation and practice regarding concessions and PPPs in Poland. It focuses on the general legal and policy framework for the regulation of PPPs and concessions, scope of application and contract management. The chapter points out the problem of uncoordinated and possibly conflicting pieces of legislation regarding PPPs and concession contracts. It shows that both PPPs and concessions are quite new concepts in Poland and the number of concluded PPPs or concession contracts does not correspond to the actual potential of these instruments. Thus, the chapter describes recent amendments to national legislation concerning PPPs which aimed at promoting PPP as a method of financing projects.

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Edited by Piotr Bogdanowicz, Roberto Caranta and Pedro Telles

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Edited by Piotr Bogdanowicz, Roberto Caranta and Pedro Telles

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Public-Private Partnerships and Concessions in the EU

An Unfinished Legislative Framework

Edited by Piotr Bogdanowicz, Roberto Caranta and Pedro Telles

In view of the fact that public infrastructure, health and other services are being more consistently delivered through Public-Private Partnerships (PPPs) and concessions; this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers that PPPs have become increasingly prevalent following the financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many.