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Close ties between government authorities and private firms are often the object of suspicion, but a systematic understanding of when they arise is still missing. This article uses machine learning tools to analyze a large dataset of public contracts from across Europe, in order to identify the conditions under which close connections, defined both in terms of repeated interaction, as well as geographical dispersion, appear. Previous theoretical results suggest that close ties should emerge as an enforcement mechanism in settings characterized by weak outside enforcement, such as those involving corruption. Results from random forest models show support for this hypothesis, along with identifying other structural determinants of the outcome. The most striking finding is that even after accounting for numerous potential confounders, major differences in terms of average diversity levels between countries persist, and these differences map onto an indicator of governance quality and corruption, but not at all on income per capita. These findings point to the centrality of the structure of interactions between private and public actors for understanding governance outcomes.
This chapter sets the background context to the book’s discussion of administrative law, by considering governance and administration in Hong Kong. It begins by examining central government, in particular the Chief Executive, the Executive Council, the Chief Executive-in-Council and the civil service. It then considers local government, in particular the District Councils, the Rural Committees and the Heung Yee Kuk. An overview is then given of the administration of Mainland affairs in Hong Kong, and the administration of Hong Kong affairs in the Mainland. The chapter then discusses the system of licensing, permits and certification, followed by the system of public procurement and tendering.
This article explores the innovative use of public procurement as a tool to respect, protect and promote human rights by capitalizing on the significant leverage that public buyers have over corporate practices in their supply chain. It provides an analysis of Electronics Watch, an organization that focuses on the role of states’ own procurement practices as central to the state duty to protect the human rights of those who are affected by its activities as an economic actor. Through the assessment of the Electronics Watch model this article argues that by bringing together the economic leverage of public buyers and corporate human rights due diligence, one can create transformative tools for the improvement of working conditions in global supply chains.
Major development projects in many African countries are often financed by development partners through development aid procurement. Development partners implement specific procurement policies aimed at promoting development in countries receiving aid. This article examines the policies of development partners applicable to aid funded procurement. It argues that some development partner policies could limit the policy space available to implement prioritized development goals domestically.
Measuring high-level corruption is subject to extensive scholarly and policy interest, which has achieved moderate progress in the last decade. This article develops two objective proxy measures of high-level corruption in public procurement: single bidding in competitive markets and a composite score of tendering ‘red flags’. Using official government data on 2.8 million contracts in twenty-eight European countries in 2009–14, we directly operationalize a common definition of corruption: unjustified restriction of access to public contracts to favour a selected bidder. Corruption indicators are calculated at the contract level, but produce aggregate indices consistent with well-established country-level indicators, and are also validated by micro-level tests. Data are published at http://digiwhist.eu/resources/data/.
Dans cet article, nous considérons la mise en œuvre du critère de l'offre économiquement la plus avantageuse dans des marchés publics passés par voie électronique. Pour cela, nous analysons la procédure usuelle de l'enchère anglaise inversée avec bonus de qualité en considérant que les coûts de production des offreurs sont croissants avec le niveau de qualité des produits et que la fonction d'utilité des acheteurs est concave en qualité. Nous montrons que cette procédure ne concrétise pas en général le mécanisme d'enchères optimal. Nous montrons ensuite qu'un plafonnement des prix dans l'enchère anglaise permet de restaurer l'optimalité de la procédure et de mettre en œuvre une discrimination analogue à la discrimination optimale dans le cas uniforme.
To measure the effect of organic food conversion projects on the percentage of organic food used in Danish public kitchens participating in the Danish Organic Action Plan 2020.
The current longitudinal study was based on measurements of organic food percentages in Danish public kitchens before and after kitchen employees participated in conversion projects.
Public kitchens participating in the nine organic food conversion projects under the Danish Organic Action Plan 2020, initiated during autumn 2012 and spring 2013 and completed in summer 2015.
A total of 622 public kitchens.
The average (median) increase in organic food percentage from baseline to follow-up was 24 percentage points (P<0·001) during an overall median follow-up period of 1·5 years. When analysing data according to public kitchen type, the increase remained significant for seven out of eight kitchens. Furthermore, the proportion of public kitchens eligible for the Organic Cuisine Label in either silver (60–90 % organic food procurement) or gold (90–100 % organic food procurement) level doubled from 31 % to 62 %, respectively, during the conversion period. Conversion project curriculum mostly included elements of ‘theory’, ‘menu planning’, ‘network’ and ‘Organic Cuisine Label method’ to ensure successful implementation.
The study reports significant increases in the level of organic food procurement among public kitchens participating in the Danish Organic Action Plan 2020. Recommendations for future organic conversion projects include adding key curriculum components to the project’s educational content and measuring changes in organic food percentage to increase the chances of successful implementation.
With political support from the Danish Organic Action Plan 2020, organic public procurement in Denmark is expected to increase. In order to evaluate changes in organic food procurement in Danish public kitchens, reliable methods are needed. The present study aimed to compare organic food procurement measurements by two methods and to collect and discuss baseline organic food procurement measurements from public kitchens participating in the Danish Organic Action Plan 2020.
Comparison study measuring organic food procurement by applying two different methods, one based on the use of procurement invoices (the Organic Cuisine Label method) and the other on self-reported procurement (the Dogme method). Baseline organic food procurement status was based on organic food procurement measurements and background information from public kitchens.
Public kitchens participating in the six organic food conversion projects funded by the Danish Organic Action Plan 2020 during 2012 and 2013.
Twenty-six public kitchens (comparison study) and 345 public kitchens (baseline organic food procurement status).
A high significant correlation coefficient was found between the two organic food procurement measurement methods (r=0·83, P<0·001) with measurements relevant for the baseline status. Mean baseline organic food procurement was found to be 24 % when including measurements from both methods.
The results indicate that organic food procurement measurements by both methods were valid for the baseline status report of the Danish Organic Action Plan 2020. Baseline results in Danish public kitchens suggest there is room for more organic as well as sustainable public procurement in Denmark.
This paper provides a comparative perspective of public procurement policies for small and medium-sized enterprises (SME) in the United States and Europe. Public procurement is increasingly recognized as a strategic function of public administration because of the huge amount of resources it consumes, as well as the important policy objectives it seeks to promote, including SME-related objectives. Progress towards meeting SME procurement participation goals, however, remains elusive on both sides of the Atlantic. Policy makers and administrators have little comparative research upon which to draw regarding the effectiveness of various policy approaches, a shortcoming this paper seeks to address. An institutional perspective is adopted which helps explain similarities and differences in U.S. and European SME policies.
A few years ago, there was an almost total absence of successful actions for damages in the field of the enforcement of EC public procurement rules. This has changed, as there are now several examples of successful actions in some Member States, including actions for loss of profit. This article analyses a number of fundamental questions of general interest concerning damages for the breach of public procurement rules. It considers the conditions for damages and the question whether a contracting authority can preclude actions for damages by inserting a time-limit for bringing proceedings in the tender conditions and suggests that this is not the case. Finally, it deals with compensation and the award of damages for potential loss of profit and trends in Danish case law regarding damages for the breach of EC public procurement law. The Danish Complaints Board for Public Procurement has emphasised the deterrent effect of damages and deviates from the ordinary Danish rules in its approach to damages in business relations in its leading case law.
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