Explaining Non‐Compliance with European Union Procurement Directives: A Multidisciplinary Perspective

Gelderman, Kees; Ghijsen, Paul; Schoonen, Jordie

doi:10.1111/j.1468-5965.2009.02051.x

Cited by 23 publications

(26 citation statements)

References 34 publications

(75 reference statements)

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“…A second innovative approach in the study of enforcement and application was presented by Gelderman et al (2010), who analyse the reasons for practical non-compliance with EU public procurement legislation in the Netherlands. To gather information on practical compliance with the rules enshrined in EU public procurement directives, they conducted a survey among 'users' of the legal provisions, i.e., purchasing professionals in the Dutch Ministry of Defence, asking them about the extent to which they adhered to several key rules laid down in EU directives, and about a couple of items from which they constructed their explanatory variables.…”

Section: The Fourth Wave: Overcoming the Focus On Positive Integratiomentioning

confidence: 99%

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Implementing and complying with EU governance outputs

Treib¹

2014

Living Rev. Euro. Gov.

170

202

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This essay takes stock of the literature on how European Union policies are being put into practice by the member states. It first provides an overview of the historical evolution of the field. After a relatively late start in the mid-1980s, the field has meanwhile developed into one of the growth industries within EU research. The paper identifies four waves of EU implementation scholarship, each with its own theoretical, empirical and methodological focus. In the second part, the review discusses the most important theoretical, empirical and methodological lessons to be drawn from existing studies. Four conclusions emanate from the analysis of existing EU implementation research. First, the literature has focused heavily on the transposition of EU directives, while comparatively little is known about issues of enforcement and application of both directives and regulations or about member states' reactions to negative integration. Second, scholars studying the transposition of directives seem to agree that we need to address factors that influence member states' willingness and capacities to comply. The main task to be accomplished by future research is to establish under what conditions which configurations of factors prevail, especially with regard to sectoral differences. Third, more energy needs to be devoted to systematic research on the phase of practical implementation, and this research should make more use of theoretical insights from domestic implementation research as well as from management and enforcement approaches. Fourth, quantitative transposition research will have to improve the data it uses to measure the dependent variable. Scholars should explore better data sources and invest more energy in collecting their own data on transposition timing and correctness. Research on application and enforcement, on the other hand, needs to go beyond case studies and instead search for or produce data with which the practical phase of implementation can be analysed on a broader, more comparative scale.

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Section: The Fourth Wave: Overcoming the Focus On Positive Integratiomentioning

confidence: 99%

“…Moreover, scholars should invest more time into producing new or uncovering existing quantitative data on norm application and rule compliance. More quantifiable evidence on rule application could be gathered by surveys among 'users' of the norms or among people affected by certain rules (Gelderman et al 2010).…”

Section: Measuring Compliancementioning

confidence: 99%

Implementing and complying with EU governance outputs

Treib¹

2014

Living Rev. Euro. Gov.

170

202

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“…Rolling out of the training program was also encompassed by professionalization and certification modules development. Literature points to the importance of the role played by professionalism in public procurement (Hunja, 2003;Goldernman, et al, 2010;Bhaseka & Mugabira, 2008), whose value hinges much on staffing and resourcing decisions which should place great significance on the ethical status of procurement personnel (Lan, et al, 2005). Ethical and moral uprightness is central to the procurement profession (Saini, 2010).…”

Section: Public Procurement In Zimbabwementioning

confidence: 99%

Public Procurement and Public Service Delivery in Zimbabwe Local Authorities. A Non-systematic Review

2019

PPAR

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The study attempts to theoretically explore the influence of public procurement decisions on public service delivery and to propose a structure of the relationship between an efficient public procurement system and the effectiveness of public service delivery. The study hypothesizes that there is a positive relationship between efficient public procurement and effective public service delivery in Zimbabwe local authorities, taking into consideration the mediating effect of corporate governance practices. The study briefly explores the historical background of procurement as an emerging corporate administrative function. Also, a brief review of the relationship between public procurement and public service delivery is outlined. The main objective of this study is to fill the gap in literature on the link between public procurement and public service delivery, and provide an opportunity for future studies to deeply and empirically investigate this relationship.

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“…Second, available estimations of the costs of cross-compliance are generally approximately 10 euros, and as high as 100 euro/ha, which is clearly a significant amount for both farmers and public decision-makers (Bartolini et al, 2008a;De Roest, 2008). Third, a relevant policy design issue arises from the fact that the effects of cross-compliance are conditioned by the ability of the public regulator to design appropriate incentives for farmers to achieve compliance (Davies & Hodge, 2006;Gelderman et al, 2010). This would be a trivial problem under full information for the public decision-maker.…”

Section: Introduction and Objectivesmentioning

confidence: 98%

Optimal design of cross-compliance under asymmetric information

2012

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The benefits of cross-compliance can be maximized only by taking into account the trade-off between economic costs due to cross-compliance prescriptions and environmental benefits produced. Both can, however, be strongly differentiated between different areas/farms. In addition, the effects of cross-compliance are conditioned by the ability to design appropriate incentives to compliance for farmers. The objective of this article is to develop a framework for the analysis of cross-compliance under asymmetric information when the differentiation of the compliance cost function is explicitly taken into account. This is accomplished by the development from the public regulator of a mathematical model of optimal cross-compliance design under asymmetric information about compliance. The methodology is applied to a case study represented by the municipality of Argenta in Emilia-Romagna Region (Italy). Empirical insights show the potential loss of net social benefits from cross-compliance when undifferentiated policies are implemented in cases with relevant differences in the value of costs of compliance. The analysis demonstrates that when the net social benefits of prescription have differentiated values, optimal policy design requires a differentiation of prescriptions and monitoring intensity. This is primarily addressed in this article through the consideration of differentiated compliance costs. However, the same would apply to provide appropriate incentives to farmers, taking into account differentiated environmental benefits produced and Single Farm Payment endowments.

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Explaining Non‐Compliance with European Union Procurement Directives: A Multidisciplinary Perspective

Cited by 23 publications

References 34 publications

Implementing and complying with EU governance outputs

Implementing and complying with EU governance outputs

Public Procurement and Public Service Delivery in Zimbabwe Local Authorities. A Non-systematic Review

Optimal design of cross-compliance under asymmetric information

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