Using Transparency Against Corruption in Public Procurement: A Comparative Analysis of the Transparency Rules and Their Failure to Combat Corruption

ISBN-13: 9783319513034 / Angielski / Twarda / 2017 / 269 str.

Irena Georgieva

Opis

This book examines corruption in public procurement in three Member States of the EU, reviewing their different approaches to combating corruption, and the extent to which the transparency principle is applied in their procurement systems. The focus of the work is on the contrast between the unsuccessful procurement legislation of a relatively young Member State (Bulgaria) and its attempt to curb corruption by expanding the scope of application of the transparency principle, and two examples of procurement systems where corruption is limited adequately, without an excess of information procedural requirements (Germany and Austria). The book scrutinizes the transparency rules, procurement participants, and responsible institutions in the award of procurements in these countries. It discusses in detail the types of infringements involving corruption as well as their link to infringements of the transparency principle. It compares and examines the systems of control and appeal against a contracting authority's actions within the various legislative schemes, and highlights the legislative weaknesses which fail to reduce corruption. The comparative analysis between the Bulgarian public procurement system and the German and Austrian systems is carried out through detailed research not only with regard to adherence to the transparency principle, but also to the use of other mechanisms to limit corruption, insofar as these solutions are appropriate and could be adapted in other countries currently lacking sufficient anti-corruption measures.

Spis treści

Forward.- Table of Contents.- Abbreviations.- Table of Cases.- INTRODUCTION.- CHAPTER 1 - THE EU PRINCIPLES IN PUBLIC PROCUREMENT. TRANSPARENCY – ORIGIN AND MAIN CHARACTERISTICS .- 1 The Procurement Principles. Definitions of Transparency.- 1.1 EU Public Procurement Legislation in Service of Transparency. Brief Historical Overview.- 1.2 The Directives.- 1.3 The Work of International Organizations towards Transparency in the Public Procurement Procedures .- 2 Transparency – How does It Start?.- 2.1 The meaning of Transparency.- 3 Progress and Degradation of the Principle of Transparency. The example of Bulgaria.- 3.1 Historical Predisposition.- 3.2 Transparency in the Bulgarian Procurement Legislation.- 4 Concluding Observations.- CHAPTER 2 - CORRUPTION – DEFINITION AND CHARACTERISTICS.- 1 Corruption – Common Definitions.- 1.1 Forms.- 1.2 Origins.- 1.3 Causes and Consequences.- 2 International Organizations Against Corruption.- 3 Corruption in Government Procurement – A Global Review.- 4 Members States with Higher Levels of corruption – the Example of Bulgaria.- 5.1 Historical Explanation of the Predisposition to Corruption.- 5.2 Economic Factors for Corruption.- 5.3 Corruption in figures. Anti-corruption Rules – Do They Count?.- 5 Concluding Observations.- CHAPTER 3 - THE PUBLIC PROCUREMENT SYSTEM IN BULGARIA: AUTHORITIES. PARTICIPANTS. CONTROL.-  1 The Participants.- 1.1 Contracting Authorities.- 1.2 Bidders.- 2 Authorities Involved in the Public Procurement Process. Controlling and Appellate Authorities.- 2.1 State Governance Authorities.- 2.2 Controlling Authorities.- 2.3 Appellate Authorities.- 2.4 Electronic Control Measures.- 3 Can you KISS?.- 4 Some Warriors in The Uneven Battle Against Corruption in Bulgarian Public Procurement.- 4.1 Who Are They?.- 4.2 Center for the Study of Democracy.- 4.3 Transparency International Bulgaria.- 4.4 An Attempt The German Experience to be Transferred to Bulgaria - The BORKOR Project.- 4.5 Conclusions.- CHAPTER 4 - INFRINGEMENTS IN PROCUREMENT PROCEDURES. CORRUPTION LOOPHOLES AND PRACTICES.- 1 Some Statistics.- 2 Types of Infringements and Incidents of Corruption.- 2.1 Choice Of Object Phase.- 2.2 Announcement Phase.- 2.3 Procedure Conduct Phase.- 2.4 Contract Implementation Phase.- 3 Summary of Findings.- CHAPTER 5 – THE PROCUREMENT SYSTEM OF GERMANY - A SUCCESFUL BATTLE AGAINST CORRUPTION.- 1 Why Germany?.- 2 Main Characteristics of the German Public Procurement System. Applicable Legislation.- 3 Main Principles. Transparency Obligations.- 3.1 The Integrity Pact As Tool Optimizing Transparency and Curbing Corruption.- 4 Contracting Authorities under GWB.- 5 Procedures.- 6 Award Criteria.- 7 Appeal.- 8 Corruption in Public Procurement and the German Way to Combat It.- 8.1 Corruption Prevention Legislation.- 8.2 Anti-Corruption Strategies and Institutions.- 9 Successful Pillars to Stand up Against Corruption in the Award of Public Contracts.- 9.1 Adequate Legislative Decisions Providing Clear and Unambiguous Rules.- 9.2 Modernized and Online Conduct Of Procurement Procedures Reducing The Human Factor.- 9.3 Centralized Procurement.- 10 Lessons To Be Learned from Germany?.- CHAPTER 6 – PROCUREMENT IN AUSTRIA. CORRUPTION ON A LEASH.- 1 Why Austria?.- 2 Main Characteristics of the Austrian Public Procurement System. Applicable Legislation.- 3 Main Principles. Transparency Obligations.- 4 Contracting Authorities Under BVergG.- 5 Procedures.- 6 Award Criteria.- 7Appeal.- 8 Corruption Manifestations. Corruption Levels. Prevention.- 8.1 Corruption Prevention Legislation.- 8.2 Responsible Bodies.- 8.3 Other Anti-Corruption Efforts In The Award Of Public Procurement.- 9 What Does the Comparative Analysis with Austria Reveal?.- CONCLUSIONS.- Bibliography.- Summary.

O autorze

Dr Irena Georgieva is a Bulgarian attorney and expert in public procurement law with over 15 years of practice. Currently she works as a legal advisor and manager of her own niche law office in Sofia focused on public procurement and data protection matters. Dr Georgieva has graduated in law from the Sofia University (Master in Law 2003) and has also a post graduate qualification in accountancy from the University of National and World Economy, Sofia (2005). She obtained her doctoral degree in the University of Groningen, Netherlands (PhD 2015), with dissertation thesis on public procurement law. She takes part in many undertakings related to public procurement matters – round tables, open discussions and seminars - and is also a regular author of public procurement articles published in domestic and international law & business magazines. She is a member of the Sofia Bar Association.