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Non-legal Barriers to Sustainable Public Procurement in Poland

Beata Faracik


Keywords: sustainable public procurement, social clauses, non-legal barriers, human rights, Poland

Despite many efforts being put in the recent years into the reform of the public procurement legislation both at the European and national level in Poland, the increase in the use of sustainable public procurement is disproportionally low. This article looks therefore at the non-legal barriers that affect the use of the sustainable public procurement (including, although not exclusively social clauses, green clauses), based on the research conducted in Poland. It concludes with suggestions of possible solutions and role of non-state actors in stimulating the use of Sustainable Public Procurement.
Keywords: Sustainable public procurement; Social clauses; Non-legal barriers; Human rights; Poland.

Beata Faracik, LL.M., President of the Board of the Polish Institute for Human Rights and Business <>. This article is a contribution to the Sustainable Market Actors for Responsible Trade (SMART) Project <>, which has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 693642 and I gratefully acknowledge its support. I also would like to thank the anonymous reviewer and other contributors to the Procurement Beyond Price conference in Copenhagen, May 2017, for useful comments and suggestions. Any opinions expressed are the author’s own. The usual disclaimer applies.


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