ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

101 THE BLURRED BORDERS
BETWEEN PUBLIC AND PRIVATE
Panel formed with individual proposals.
Participants
Name of Chair
Room
Barbara Boschetti
Elisa D’Alterio
Valbona Metaj
Marko Turudić
Ximena Sierra Camargo
Jun Shimizu
Elisa D’Alterio
UL6 2249a
Barbara Boschetti: Social clauses in public
procurement and international agreements.
New borders or just a more inclusive EU market?
Barriers are raised anytime Member States’ authorities
lay down special requirements/conditions into
public procurement procedures aimed at ensuring the
compliance with obligations in the different fields of
environmental, social and labor law. Special clauses
set barriers to market entry. The non-compliance with
relevant obligations gives grounds for exclusion from
the awarding procedure. When mirrored in contract
clauses, the non- compliance could be considered to
be grave misconduct on the part of the economic operator
concerned. In recent decisions (ex multis, Regio-
Post), the CJEU has minimized previous controversial
judgments (Rüffert), allowing for a broader imposition
of special conditions in public procurement covered
by the EU rules. Special conditions find now new and
wider legal basis, after the recent reform of EU Public
Procurement law. Do public contracts contribute to a
more inclusive society? Are special conditions in line
with a EU without borders?
Elisa D’Alterio: When the Uncertain Borders of
the Public Sector Cause Inequalities: the Case
of Hybrid Entities
Over the past decade, we have witnessed an exponential
growth of hybrid entities in all OECD countries,
and even at the global level. At the same time, the
mixed nature and the peculiarities of these entities may
undermine the integrity of their governance, by facilitating
the emergence of misbehaviors and conflicts of
interest. This phenomenon is even more serious when
we consider that many of these organizations deliver
important public services, thus causing inequalities
in the community damaged by the inefficiency of the
“hybrid provider”. The main aim of this paper is to analyze
how the “mixed legal regime” of hybrid entities can
hinder or, more generally, affect the applicability of administrative
guarantees (as transparency, participatory
rights, publicity, non-discrimination, etc.). The analysis
will consider not only domestic hybrid entities but also
global bodies, in order to identify possible differences
between the national and global levels.
Valbona Metaj: Public-Private Partnership (PPP):
Comparative Analysis of the Legal Framework in
Albania and Italy
The Public-Private Partnership (PPP) is becoming a
successful factor in achieving economic development
and good governance, by impacting positively both
sectors. This paper will focus on a comparative review
of the legal framework of the PPP’s and their use in
practice, by analyzing the differences regarding governmental
openness to those projects. The countries
chosen for comparison are Albania as a “developing”
country, for which the PPP’s constitutes an important
link to the European integration, and Italy as a European
country. In conclusion of this comparative analysis, it
will be interesting to find out which one from these two
countries with very different economic development is
more favorable towards these partnerships.
Marko Turudić: Public procurement-a tool for
social integration and sustainable development?
Public procurement procedures make up to 20 percent
of GDP in the EU Member States, making the state
perhaps the most important economic entity. However,
the scope of public procurement may go beyond the
economic benefits. The state, as the arguably largest
economic entity in the country, has the right and
responsibility to use its economic power to achieve
additional social and environmental goals. Through
public procurement, it is possible to encourage the employment
of vulnerable and minority groups, to demand
better working conditions for employees, but also to
improve the environmental standards of a country. The
last few public procurement regulatory frameworks
of the European Union have been developing in this
direction, mainly the regulatory framework of 2014. The
subject of this paper is the analysis of public procurement
procedures as a tool for achieving social and
environmental objectives within the legal framework
of the Republic of Croatia and the European Union.
Ximena Sierra Camargo: Sovereignty, State and
Global Governance: the transnational regulation
of gold mining and the role of the Colombian
Constitutional State
In the context of a (neo) extractivism model, which
has been reintroduced in last twenty years in several
countries in Latin America, there is a growing presence
of transnational mining companies, which have
exercised their power through constitutional states,
with the key collaboration of local governments.
Namely in Colombia these actors have enacted and
supported a large-scale gold mining regulation that
reproduces a hegemonic discourse of development
and which is mainly oriented to an economic growth
but that ignores different views of development and
ways of life. From a decolonial perspective this regulation
is an expression of ‘coloniality of power’ because
it maintains colonial hierarchies and reproduces some
colonial legacies. In this way, I am discussing how the
Concurring panels 147