Showing papers by "Albert Sánchez Graells published in 2019"
TL;DR: In this article, the authors provide a critical analysis of the new operating model for NHS procurement that is being implemented in 2018/2019 (the NOM), and advocate for the location of all NOM relationships on the NHS Business Services Authority, especially to facilitate judicial review.
Abstract: This paper provides a critical analysis of the new operating model for NHS procurement that is being implemented in 2018/2019 (the NOM). The government expects NOM to generate significant savings through centralised procurement and strategic supply chain management, which would then be dedicated to frontline NHS healthcare services through newly devised ‘sustainability and transformation plans’ (STPs). The paper stresses that the NOM rests on a complex network of contracts resulting in a layer of contractualised governance that obscures its architecture and decision-making processes. It maps the changes that the NOM introduces in the operation and governance of the NHS supply chain and identifies key challenges in ensuring that the NOM is subjected to adequate oversight and accountability mechanisms, in particular from the perspective of public procurement and competition law. The paper advocates for the location of all NOM relationships on the NHS Business Services Authority, especially to facilitate judicial review.
5 citations
4 citations
TL;DR: In this article, the authors assess the EU legislative competence in this area, extract consequences for balancing trans-EU collaboration with "mandatory public law requirements" at Member State level and propose minimum functional guarantees to be expected in the implementation of Trans-EU collaborative procurement.
Abstract: Trans-EU collaborative procurement is a fertile ‘living lab’ for the observation, theorisation and critical assessment of developments in European public law. This paper maps the emergence of this novel type of cross-border administrative collaboration and scrutinises the new rules of Directive 2014/24/EU, which evidence the tension between promoting economic co-operation across borders within the internal market and the concern to respect the Member States’ administrative autonomy. The paper critically assesses the EU legislative competence in this area, extracts consequences for balancing trans-EU collaboration with ‘mandatory public law requirements’ at Member State level and proposes minimum functional guarantees to be expected in the implementation of trans-EU collaborative procurement.
1 citations