Désirée Klingler
Title
Prof. Dr.
Last Name
Klingler
First name
Désirée
Email
desiree.klingler@unisg.ch
ORCID
Web Site
SSRN
https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2399893
16 results
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Item type:Publication, European Union Adopts Corporate Sustainability Due Diligence DirectiveIn this article, the authors review the Corporate Sustainability Due Diligence Directive adopted recently by the Council of the European Union, which imposes human rights, environmental, and climate transition plan obligations on EU and non-EU companies.Type:journal articleJournal:The Global Regulatory Developments JournalVolume:1Issue:5 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, AMAZON.GOV: DISINTERMEDIATION IN PUBLIC PROCUREMENT THROUGH DIGITAL PLATFORMS -BENEFITS AND RISKS(2024-01-01)E-marketplaces have the potential to disrupt traditional public procurement systems. While the U.S. General Services Administration (GSA) Commercial Platforms program was criticized for abandoning competition, transparency, and accountability as safeguards of traditional procurement, this article shows that e-marketplaces do not abandon but redefine those principles. Process transparency becomes data transparency, formal tendering and bidding become competition as observed in private markets, and accountability is shifted from the government to platform operators and users. A concept that is elevated on e-marketplaces (and to some degree replacing value for money) is the standard of customer satisfaction. It is the customer (and not the government official) who buys the product from the seller and who assess the quality and price of the product. At the same time, e-marketplaces also pose new challenges in government procurement that must be properly managed. Rather than disintermediating public procurement, digital platforms re-intermediate public procurement and create new principal-agent problems – since private marketplaces like Amazon are profit-seeking and do not aim to maximize social welfare. While competition law helps to deter anticompetitive behavior of platform operators, mandatory government requirements (such as cybersecurity concepts) remain necessary to protect the government and its users against external threats. Although e-marketplaces hold promising features to simplify procurement processes, such as digital supplier profiles, interoperability between different platforms is still an issue. One of the greatest advantages of e-marketplaces is the functionality to define filters, which can help promote socioeconomic policies. The added function to search and filter platform offerings for “green” products increases the salience of sustainable products and helps promote sustainable procurement.Type:journal articleJournal:Ius PublicumVolume:2024Issue:1 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The Revised Swiss Public Procurement Law: More Quality and SustainabilitySwitzerland was the last signatory state to ratify the WTO-Government Procurement Agreement (GPA) of 2012. The implementation of the GPA was an important reform objective of the Swiss procurement revision, as was the harmonisation between the federal and cantonal procurement rules. The reformhas manifested in a new Federal Act on Public Procurement (PPA), which entered into force on January 2021, and the adoption of the Intercantonal Agreement on Public Procurement (IAPP). To date, about ten of Switzerland’s 26 cantons have joined the IAPP. Important paradigms of the reform are competition based on quality, and the promotion of innovation and sustainable procurement. This report will explore whether the term‘paradigmshift’ captures the result of the reform in full extent. According to the government, the political intention is clear: with the reform, not only the law, but also the culture, of Swiss public procurement should change.Type:journal articleJournal:European Procurement & Public Private Partnership Law ReviewVolume:18Issue:1Scopus© Citations 2 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Promoting Sustainable Public Procurement Through Economic Policy Tools: From Moral Suasion to Nudging(2022-12); Schooner Steven LAs the climate crisis accelerates and governments aspire to achieve more circular economies, this article encourages experimentation with innovative, interdisciplinary, and sustainable approaches that exploit governments’ enormous spending power. Rather than waiting for legislative or regulatory changes, the article advocates driving sustainable public procurement (SPP) through efficient and available behavioral-economics-inspired “green defaults,” nudging, persuading procurement officials, and, more broadly, rethinking the value proposition when confronted with price premiums.Type:journal articleJournal:European Journal of Public Procurement MarketsVolume:4Issue:4 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Fair Pay and Safe Workplaces: Reassessing the Costs and Benefits in Government Contracting(2021-12-04)When purchasing infrastructure, goods or services, the U.S. government has "to promote economy, efficiency and effectiveness." 1 Executive Order No. 13,673, issued by President Obama, expanded the requirement to encompass social sustainability: to promote economy and efficiency in procurement, the government was required to "contract with responsible sources who comply with labor laws." 2 The Fair Pay and Safe Workplaces rule (the Rule), proposed in 2014, required contractors of federal agencies to provide fair wages and safe workplaces to their workers. 3 Because industries feared that the Rule would lead to contractors being unfairly excluded from public contracts, opponents of the Rule called it the "blacklisting rule." 4 After having reviewed the final rule and its regulatory impact analysis, 5 the Office of Management and Budget (OMB) approved the Rule in 2016. 6 Shortly after his inauguration, President Trump revoked the Rule. 7 Now, with Congress' passage of the "once-in-a-generation" Infrastructure Investment and Jobs Act, 8 and the proposed Buy AmericanType:journal articleJournal:Yale Journal on Regulation BulletinVolume:39Issue:1 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Government Purchasing during COVID-19 and Recessions: How Expansionary Legal Policies Can Stimulate the EconomyThe traditional approaches to “cure” economic recessions are monetary and fiscal policies. Most economic crises are first addressed with monetary instruments, as the Federal Reserve’s extensive corporate bond purchasing program of March 24, 2020, has shown.1 However, when interest rates are zero or close to zero—referred to as the zero-lower bound—and the economic downturn is expected to be significant, governments often launch additional fiscal stimulus programs, such as the U.S. COVID-19 Stimulus Package in the amount of $2.2 trillion passed by Congress on March 27, 2020.2 But monetary and fiscal policies are not the only means of influencing an economy’s business cycle. A third and novel option is expansionary legal policies, also referred to as countercyclical regulation, which is the focus of this article. Legal instruments have been used only to a limited degree to stimulate the economy. One of the first advocates of law and macroeconomics was Yair Listokin who promotes the use of legal policies and lawyers in macroeconomic policy. In this article, the author explains and applies the idea of expansionary legal policies to the field of public procurement law. Public procurement lends itself particularly well to expansionary legal policies for two reasons. First, public contracts form a large part of the government’s expenditure side, amounting to fifteen to twenty percent of global GDP,4 and can therefore be used to expand the money supply. Second, government contracting is governed by a set of complex administrative rules that can be adjusted to better reflect the business cycles. This article will discuss the idea, design, application, and potential effects of expansionary legal policies by means of two procurement policies that were adopted in the United States and Switzerland in response to COVID-19 this March and compare them to Germany’s relaxation of procurement rules after the financial crisis in 2009. To protect taxpayers’ money and mitigate the risk of corruption, this article suggests legal safeguards for expansionary procurement policies. With the necessary measures in place, expansionary procurement policies will help procurement regulations to reflect economic realities more accurately and stimulate the economy by increasing and expediting spending through public projects in infrastructure, healthcare, and other sectors.Type:journal articleJournal:Public Contract Law JournalVolume:50Issue:1 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Measuring What Matters in Public Procurement Law: Efficiency, Quality and More(2020)Type:journal articleJournal:Journal of Management Policy & PracticeVolume:21Issue:3 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, P.R.I.M.E. Finance – the Boon and Bane of a Specialized Dispute Resolution InstitutionType:journal articleIssue:04 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Non-Compliance with Government Contract Terms: A Comparative View on Procurement Regulation and Contractual Remedies(Edward Elgar Publishing, 2022-03-24); - Some of the metrics are blocked by yourconsent settings
Item type:Publication,