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

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

Author: Irena Georgieva
Publisher: Springer-Verlag
ISBN: 9783319513034
Published In: April 2017
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Forward

Table of Contents

Abbreviations

Table of Cases

INTRODUCTION

CHAPTER 1 - THE EU PRINCIPLES IN PUBLIC PROCUREMENT. TRANSPARENCY - ORIGIN AND MAIN CHARACTERISTICS

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

Transparency - How does It Start?

2.1 The meaning of Transparency

Progress and Degradation of the Principle of Transparency. The example of Bulgaria

3.1 Historical Predisposition

3.2 Transparency in the Bulgarian Procurement Legislation

Concluding Observations

CHAPTER 2 - CORRUPTION - DEFINITION AND CHARACTERISTICS

Corruption - Common Definitions

1.1 Forms

1.2 Origins

1.3 Causes and Consequences

International Organizations Against Corruption

Corruption in Government Procurement - A Global Review

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?

Concluding Observations

CHAPTER 3 - THE PUBLIC PROCUREMENT SYSTEM IN BULGARIA: AUTHORITIES. PARTICIPANTS. CONTROL

The Participants

1.1 Contracting Authorities

1.2 Bidders

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

Can you KISS?

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

Some Statistics

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

Summary of Findings

CHAPTER 5 - THE PROCUREMENT SYSTEM OF GERMANY - A SUCCESFUL BATTLE AGAINST CORRUPTION

Why Germany?

Main Characteristics of the German Public Procurement System. Applicable Legislation

Main Principles. Transparency Obligations

3.1 The Integrity Pact As Tool Optimizing Transparency and Curbing Corruption

Contracting Authorities under GWB

Procedures

Award Criteria

Appeal

Corruption in Public Procurement and the German Way to Combat It

8.1 Corruption Prevention Legislation

8.2 Anti-Corruption Strategies and Institutions

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

Why Austria?

Main Characteristics of the Austrian Public Procurement System. Applicable Legislation

Main Principles. Transparency Obligations

Contracting Authorities Under BVergG

Procedures

Award Criteria

7Appeal

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

What Does the Comparative Analysis with Austria Reveal?

CONCLUSIONS

Bibliography

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