2014 — 01 — 06
Publications by COBALT Experts in the Juridica Special Issue on Public Procurement Law

The law review of the Faculty of Law of the University of Tartu dedicated its last issue (2013/IX) of the year to the topic of public procurement law. New EU procurement directives are expected to be adopted in the beginning of 2014, entailing a number of changes for specialists dealing with public procurement on a daily basis.

In the editorial, COBALT Estonia senior associate and docent at the University of Tartu Mari Ann Simovart, Dr Iur, briefly introduces the expected changes and expresses hope for a better procurement climate in the future.

COBALT Estonia experts are authors or co-authors to three articles in this special issue:

  1. New Public Procurement Directives: Revolution or Redaction? The article discusses new opportunities arising from the drafts of the new directives, which, in the authors’ opinion, alleviate several problems of the current regulation: the option to consider previous experiences of the contracting authority with a bidder in the selection process, the possibility of direct payment to subcontractors by the contracting authorities, and the regulation concerning amendments to procurement contracts. The authors present a critical assessment of the introduction of the new ‘self-cleaning’ concept. Authors: Kadri Härginen and COBALT Estonia senior associate Mari Ann Simovart.
  2. Requirement to Protect Business Secrets and Disclose Procurement Contracts under Procurement Law. The authors question the current commonly practiced paradigm of extensive confidentiality of procurement contracts and submit that instead the rule of general disclosure of procurement contracts should prevail. Authors: Carri Ginter, Nele Parrest and COBALT Estonia senior associate Mari Ann Simovart.
  3. COBALT Estonia junior associate Kadri Suurkivi wrote an article on the subject of “Transfer of Public Procurement Contract”. The article studies the issue of whether and on which grounds the transfer of a public procurement contract to a third party is permitted, analysing the issue in the context of the transfer, division or merger, and bankruptcy proceedings of the initial contracting party.