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Module 2 - Legal Background

Legal Background

Module 2

Given the complex and varied environment in which procurement processes take place, possessing a good knowledge of the international legal framework represents a very powerful tool in daily procurement activities. Indeed, studying the legal mechanisms can enable procurement officers managing legal issues arising from public procurement operations.  

 

Domain

Law

Duration

5 days

When

4-8 March

Where

University of Rome Tor Vergata
Via Columbia, 2

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The course in detail

Overview

Objectives of the Module

Methodology

Material

Lecturers

Overview

This course has the aim to analyse the main legal framework that regulates procurement at European and international level. Indeed, during the first part of the week, students will understand general rules of the European Union applicable in public procurement by analysing Directive 2004/18/EC and Directive 2014/24/EU. Later, there will be an analysis of the potential benefits, costs and associated challenges for transition economies in joining the WTO Agreement on Government Procurement. Lastly, an accurate and detailed study on the 2011 UNCITRAL Model Law on Public Procurement will be carried out, concurrently with the study of its relative Guide to Enactment of the Model Law (2012).   

Objectives of the Module

  • Introduction to the general rules of the European Union applicable in public procurement;
  • Make an accurate analysis of EU Directive 2004/18/EC and a general overview of the new Directive 2014/24/EU;
  • Make an analysis of the WTO Agreement on Government Procurement (GPA);
  • Introduction to the accession process to the GPA and definition of its potential benefits and costs;
  • Analyses of the UNCITRAL Model Law on Public Procurement. 

Methodology

The guiding line of the course is using the classroom as a laboratory through an interactive format and group discussion. 

Material

Slide Presentation; Group works; Preface and Part I of the Guide to Enactment to the UNCITRAL Model Law on Public Procurement (up to page 25); The Guide to Enactment and Model Law are available at https://uncitral.un.org/en/texts/procurement; Revised WTO Agreement on Government Procurement (available here: https://www.wto.org/english/docs_e/legal_e/rev-gpr-94_01_e.pdf); 
Robert D. Anderson and Nadezhda Sporysheva, “The Revised WTO Agreement on Government Procurement: Evolving Global Footprint, Economic Impact and Policy Significance,” (2019) Public Procurement Law Review, vol. 28, issue 3, pp. 71-91; Robert D. Anderson, Philippe Pelletier, Kodjo Osei-Lah and Anna Caroline Müller, Assessing the Value of Future Accessions to the WTO Agreement on Government Procurement (GPA): Some New Data Sources, Provisional Estimates, and An Evaluative Framework for Individual WTO Members Considering Accession (WTO Staff Working Paper ERSD-2011-15, October 6, 2011; available here: https://www.wto.org/english/res_e/reser_e/ersd201115_e.pdf).  

Lecturers

  • Aris Georgopoulos 
  • Caroline Nicholas 
  • Robert Anderson