[PDF] The Two Roles Of Procurement In The Transition Towards Digital Public Governance eBook

Author : Albert Sanchez-Graells
Publisher :
Page : 0 pages
File Size : 50,29 MB
Release : 2023
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ISBN :

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This paper explores the position of public procurement in the broader transition towards digital public governance. First, the paper identifies how, in the context of the global 'race to AI', procurement is being assigned a gatekeeping role to discipline the adoption and use of digital technologies by the public sector to promote goals such as transparency, trustworthiness, or explainability. The paper stresses the difficulties stemming from the incommensurability of some of such putative goals of digital regulation, as well as the constraints stemming from the need for technical, economic, and contextual judgements in the operationalisation of some other goals. This suggests that procurement will not properly function as a tool of digital regulation. Second, the paper frames procurement as a site of technological experimentation, as procurement is itself an area of public sector activity currently undergoing digitalisation. Digital procurement thus offers a useful case study to understand the broader challenges, issues, and limitations in the leveraging of procurement to regulate public sector digitalisation and to test the submission that procurement will not properly function as a tool of digital 'regulation by contract'

Author : Albert Sanchez-Graells
Publisher : Oxford University Press
Page : 488 pages
File Size : 14,94 MB
Release : 2024-01-10
Category : Law
ISBN : 019263660X

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The digital transformation of the public sector has accelerated. States are experimenting with technology, seeking more streamlined and efficient digital government and public services. However, there are significant concerns about the risks and harms to individual and collective rights under new modes of digital public governance. Several jurisdictions are attempting to regulate digital technologies, especially artificial intelligence, however regulatory effort primarily concentrates on technology use by companies, not by governments. The regulatory gap underpinning public sector digitalisation is growing. As it controls the acquisition of digital technologies, public procurement has emerged as a 'regulatory fix' to govern public sector digitalisation. It seeks to ensure through its contracts that public sector digitalisation is trustworthy, ethical, responsible, transparent, fair, and (cyber) safe. However, in Digital Technologies and Public Procurement: Gatekeeping and Experimentation in Digital Public Governance, Albert Sanchez-Graells argues that procurement cannot perform this gatekeeping role effectively. Through a detailed case study of procurement digitalisation as a site of unregulated technological experimentation, he demonstrates that relying on 'regulation by contract' creates a false sense of security in governing the transition towards digital public governance. This leaves the public sector exposed to the 'policy irresistibility' that surrounds hyped digital technologies. Bringing together insights from political economy, public policy, science, technology, and legal scholarship, this thought-provoking book proposes an alternative regulatory approach and contributes to broader debates of digital constitutionalism and digital technology regulation.

Author : Albert Sanchez-Graells
Publisher :
Page : 0 pages
File Size : 47,91 MB
Release : 2023
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ISBN :

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The procurement function is not well-placed to act as a two-sided gatekeeper and thus unable to effectively 'regulate by contract' the behaviour of the public entities seeking to adopt digital technologies and technology providers offering to deliver them. Additionally, given in-built flexibility in the procurement tools, the procurement function is unable to develop prescriptive mandatory requirements for the screening of technology vendors and technological solutions in pursuit of digital regulation goals. Were the procurement function to rely on externally determined (technical) standards, and those standards be industry-developed, mobilising procurement would transfer regulatory decisions to economic operators. This would imply the privatisation of regulatory power--which is orthogonal to the primary aim of digital regulation by contract. This shows that it is necessary to discharge procurement of that digital regulation role, which should be done by developing mechanisms of external oversight of the adoption of digital technologies by the public sector, as well as a suite of mandatory requirements binding both public entities seeking to adopt digital technologies and technology providers. Such policy interventions would seek to avoid the weaknesses of the procurement function as a regulatory actor and those stemming from its tools. This Chapter develops these proposals by first focusing on the design and role of an external regulator of the process of public sector digitalisation, the 'AI in Public Sector Authority' (AIPSA), and then concentrating on minimum mandatory requirements, both in relation to the digital technologies to be adopted by the public sector and the applicable governance framework--with the goal of stressing the key attributes and functions that each of these two regulatory interventions should have to make a positive contribution to governing the transition towards a new model of public digital governance.

Author : Albert Sánchez Graells
Publisher : Oxford University Press
Page : 321 pages
File Size : 31,44 MB
Release : 2024-04-25
Category : Law
ISBN : 0198866771

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Bringing together insights from political economy, public policy, science, technology and legal scholarship, this book explores the role of public procurement in digital technology regulation.

Author : Shakya, Rajesh Kumar
Publisher : IGI Global
Page : 376 pages
File Size : 24,23 MB
Release : 2017-01-10
Category : Political Science
ISBN : 1522522042

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Public procurement is vulnerable on many levels. Therefore, to increase protection and improve efficiency, governments across the globe are looking to introduce electronic-based infrastructures. Digital Governance and E-Government Principles Applied to Public Procurement is an essential reference publication for the latest research on the implementation and impact of public reforms through e-Procurement. Featuring coverage on a broad range of topics and perspectives, such as anti-corruption, acquisitions costs, and governance structures, this book is ideally designed for academicians, practitioners, professionals, and researchers seeking current research on the regulation of the public sector through digital approaches.

Author : OECD
Publisher : OECD Publishing
Page : 129 pages
File Size : 26,27 MB
Release : 2022-12-20
Category :
ISBN : 9264651128

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Like many other OECD countries, Greece has embarked on an ambitious digital transformation of its public sector to make it more effective, sustainable, proactive and people-centred. However, digital transformation projects present challenges in terms of governance, procurement, implementation and institutional capacities.

Author : Wolfgang Schnellbächer
Publisher : Springer Nature
Page : 128 pages
File Size : 15,27 MB
Release : 2020-11-16
Category : Business & Economics
ISBN : 3030519848

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This book shows how digital transformation has the power to revolutionize the way procurement operates, and discusses how especially buyer decisions are empowered through artificial intelligence. Depending on a company’s strategy all desired outcomes are possible, including doubling savings, innovation, sustainability, quality, speed, and halve the risk. Jumpstart to Digital Procurement is a hands-on guide on how companies can grasp the opportunities offered by digital transformation.

Author : OECD
Publisher : OECD Publishing
Page : 207 pages
File Size : 29,18 MB
Release : 2017-09-01
Category :
ISBN : 9264279741

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This review provides policy advice to support the Norwegian government in implementing digital government.

Author : OECD
Publisher : OECD Publishing
Page : 60 pages
File Size : 20,75 MB
Release : 2020-12-15
Category :
ISBN : 926484533X

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This study explores how Lebanon can strengthen the governance of the digital transformation of its public sector to better serve the needs of its citizens and businesses. Three facets of Lebanon's governance are analysed: contextual factors, institutional models and policy levers.

Author : OECD
Publisher : OECD Publishing
Page : 250 pages
File Size : 40,88 MB
Release : 2020-10-26
Category :
ISBN : 9264938591

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Going Digital in Brazil analyses recent developments in Brazil’s digital economy, reviews policies related to digitalisation and makes recommendations to increase policy coherence in this area.