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Albert Sánchez Graells

Bio: Albert Sánchez Graells is an academic researcher from University of Bristol. The author has contributed to research in topics: Procurement & Competition (economics). The author has an hindex of 5, co-authored 54 publications receiving 180 citations.

Papers published on a yearly basis

Papers
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Journal ArticleDOI
TL;DR: In this paper, the authors provide some initial thoughts on the new rules on exclusion, qualitative selection and short-listing in the new public sector procurement directive bound to repeal Directive 2004/18.
Abstract: This paper provides some initial thoughts on the new rules on exclusion, qualitative selection and short-listing in the new public sector procurement directive bound to repeal Directive 2004/18. The assessment is based on a comparison with the equivalent rules under the current Directive, as well as on the problems and implementation difficulties that the author envisages.

3 citations

Journal ArticleDOI
TL;DR: In this paper, the authors take issue with the shelving of the revision process and critically assess whether the Remedies Directive is still fit for purpose, and suggest that the European Commission should relaunch the review process as a matter of high priority.
Abstract: EU public procurement law relies on the specific enforcement mechanisms of the Remedies Directive, which sets out EU requirements of administrative oversight and judicial protection for public contracts. Recent developments in the case law of the CJEU and the substantive reform resulting from the 2014 Public Procurement Package may have created gaps in the Remedies Directive, which led the European Commission to publicly consult on its revision in 2015. One year after, the outcome of the consultation has not been published, but such revision now seems to have been shelved. This chapter takes issue with the shelving of the revision process and critically assesses whether the Remedies Directive is still fit for purpose. The chapter focuses on selected issues, such as the interplay between the Remedies Directive and the Charter of Fundamental Rights, and with the general administrative law of the Member States. It also assesses the difficulties of applying the Remedies Directive ‘as is’ to some of the new rules of the 2014 Public Procurement Package, which creates uncertainty as to its scope of application, and gives rise to particular challenges for the review of exclusion decisions involving the exercise of discretion. The chapter also raises some issues concerning the difficulties derived from the lack of coordination of different remedies available under the Remedies Directive and briefly considers the need to take the development of ADR mechanisms into account. Overall, the chapter concludes that there are important areas where the Remedies Directive requires a revision, and submits that the European Commission should relaunch the review process as a matter of high priority.

3 citations


Cited by
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Dissertation
27 Sep 2018
TL;DR: In this article, the authors provide a functional, and justifiable application of the theory of the efficient breach of a commercial contract within the commercial context, where the underlying intention behind commercial contracting is profit generation.
Abstract: This thesis provides a functional, and justifiable application of the theory of the efficient breach of contract within the commercial context. Limiting the theory’s application in this way is the primary original contribution. This is because the theory of efficient breach has not been explicitly applied solely to the commercial setting previously. This is legitimate because the underlying intention behind commercial contracting is profit generation. As such, maximising the wealth which flows from commercial contracts will be the focus of the parties involved. An additional original contribution is that this thesis represents the first major discussion of efficient breach which applies the theory to English law. This thesis also makes additional contributions. A definition of “commercial” in a contract law context is established to frame the discussion that is to follow. It is then outlined that the fundamental structure of English contract law will remain the same whether a dispute concerns a commercial, or a non-commercial contract. However, there is a difference in the approach of the court where rights are pursued for commercial, profit driven reasons in contrast with rights that are of a personal nature. Next, it is set out that in English law, promise is not the basis of contract. As such, the efficient breach of commercial contracts cannot be discounted based on issues of morality which are linked to promise breaking. Numerous other criticisms which have been directed at efficient breach are also discounted. Ultimately, a legitimate formulation of the efficient breach of commercial contracts is outlined. This iteration is permissive, rather than mandatory. It provides efficient optionality, meaning that where a party has the opportunity to breach efficiently, it will not necessarily take place. However, should a party choose to breach, they will be justified. This is a departure from more prescriptive approaches.

55 citations

Journal ArticleDOI
TL;DR: In this article, the authors adopt the resource-based view (RBV) as a lens to explore the extent to which NHS resources support the strategic adoption of value-based approaches.

41 citations

01 Jan 2013
TL;DR: The possible implementation of BIM within the Public Procurement is analyzed, especially how Model Checking can be applied within Tendering to verify the compliance between the Client's requirements and the bid’s contents, together with limitations and possibilities.
Abstract: Recently more and more Public Sectors have been paying close attention to save cost and, at the same time, improve efficiency. Usually, the Construction Industry has a relevant annual turnover, which represents an important part of the GDP for most of the EU countries and concerns in a large part the Public Sector. Thus, some Public Clients, such as UK, are adopting new strategies in order to improve the current situation. One of these strategies is Building Information Modelling (BIM), which forces all the parties involved in the process to adopt a collaborative approach reducing inefficiencies. Moreover, also the European Parliament is going to encourage the BIM adoption to ‘modernise the procurement process and ensure greater efficiencies’. The EU Directive will be an important push to reform the EU Members’ Public Construction Procurement. The aim of this M. Sc. Thesis is to analyse the possible implementation of BIM within the Public Procurement, especially how Model Checking can be applied within Tendering to verify the compliance between the Client’s requirements and the bid’s contents. The first part presents both the most widespread Public Procurement Methods, such as Design-Bid-Build (DBB), Design-Build (DB), Construction Management (CM), Design-Build-Operate (DBO) and Design-Build-Finance-Operate (DBFO), as well as innovative kinds of Procurement Procedures, such as Integrated Project Delivery (IPD), Project Alliancing (PA), Cost Led Procurement (CLP), Integrated Project Insurance (IPI), Two Stage Open Book and Early BIM Partnering (EBP). A paragraph is dedicated to the drivers and the barriers of e-Procurement, which should be part of the Public Procurement strategy. Later, the main issues related to BIM are shown, such as current BIM Authorised Uses and Permitted Purposes, Interoperability and OpenBIM, along with BIM implementation in Public Sector of several countries (Singapore, USA, Finland, UK, Norway, Denmark, Netherlands, South Korea, Hong Kong, Australia, New Zealand, Iceland, Estonia, Sweden, Germany, China, Ireland, Taiwan and Italy) and the relation between e-Procurement and BIM. Additionally, the principal possibilities and challenges dealing with BIM adoption are presented. The following chapter is dedicated to the investigation of the possible BIM implementation in Tendering. Even if integrated procedures, such as IPD, seem to be the most suitable with BIM, a discussion of the BIM role in DBB and DB or Design Competitions is carried out, showing the main Client’s requirements, benefits for Bidders and Clients, together with limitations and possibilities. Thereafter, a paragraph illustrates Model Checking in the evaluation of design proposals. First, a short description of the main commercial software, which can support BIM-based tendering (such as Solibri Model Checker (SMC), EDM Model Server, dRofus, Affinity, dProfiler, Autodesk NavisWorks, Tekla BIMsight, Bentley Projectwise Navigator, Riuska, Autodesk Ecotect, EasyBIM, Vico Cost Planner and Mitchell Brandtman) is provided. Later, a list of the most common operations, which nowadays

33 citations

Journal ArticleDOI
TL;DR: In this article, an effective and easily practicable measure for ranking and monitoring the countries according to their performance by using the VIKOR and the TOPSIS methods, multi-criteria decision making (MCDM) methods, which allows for the integration of the 22 indicators, and be capable of considering such a broad spectrum of criteria including various economic, financial, demographic, educational and innovational.
Abstract: The European Union (EU) 2020 Strategy aims at forming the conditions for smart, sustainable and inclusive growth targets. Assessment of the EU countries’ situation is of vital importance in attaining the EU 2020 Strategy. This paper presents an impartial evaluation of the performance of 27 EU member countries in terms of each EU 2020 Strategy. For the basis of the evaluation, we propose an effective and easily practicable measure for ranking and monitoring the countries according to their performance by using the VIKOR and the TOPSIS methods, multi-criteria decision making (MCDM) methods, which allows for the integration of the 22 indicators, and be capable of considering such a broad spectrum of criteria including various economic, financial, demographic, educational and innovational. Our study provides a comparative analysis of the above-two methods. The contribution of the study to the literature is that these methods can be applied for assessing countries in terms of the EU 2020 Strategy which have the multi–dimensionality targets. The results point out new EU member countries such as Slovenia and Romania have attained higher scores than many of the 15 EU countries.

33 citations