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EU Public Procurement Law: Purchasing Beyond Price in the Age of Climate Change journal article

Beatriz Martinez Romera, Roberto Caranta

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 281 - 292

Climate change is an urgent matter, which calls for considering the potential, opportunities and challenges of public procurement for combating it. This article analyses the role that public purchasing plays in achieving and enhancing climate change mitigation in the EU, and delves into the specific climate and procurement legal framework after the 2015 Paris Agreement and the 2014 Procurement Directive. The EU rules are analysed to understand the evolution of environmental concerns, specifically climate change, in EU public procurement law over the last twenty years. The article shows how climate change may be accommodated in the light of these two developments, most crucially, under the 2014 procurement reform, which has happened against a backdrop of ongoing tensions between concerns for the proper functioning of the internal market and calls stressing the imperatives of sustainability.


After Spezzino (Case-C-113/13): A Major Loophole Allowing Direct Awards in the Social Sector journal article free

Roberto Caranta

European Procurement & Public Private Partnership Law Review, Volume 11 (2016), Issue 1, Page 14 - 21

In Spezzino the Court of Justice green lighted direct award of social service contracts to not-for-profit organisations. It is submitted that in allowing direct award the judgment is unnecessarily stretching the thin EU internal market law, since social considerations would have been met by simply setting off contracts for those specific market operators. The judgment also imposes a line of reasoning which is inconsistent with the one followed in the meantime in Directive 2014/24/EU and will have an impact on the implementation of the new directive making it more difficult.


Helping Public Procurement Go Green: The Role of International Organisations journal article

Roberto Caranta

European Procurement & Public Private Partnership Law Review, Volume 8 (2013), Issue 1, Page 49 - 54

Greening public procurement involves more than just changes in the legislation, it requires changes in procurement practices. Three issues appear to be particularly significant: The greening of technical specifications, the development of life-cycle methodologies, and, at the organisational level, training of public officials. International organisations, and notably UNEP, UNOPS, ILO and ITC-ILO, have played and are playing a relevant role here.

 

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The Liability of EU Institutions for Breach of Procurement Rules journal article

Roberto Caranta

European Procurement & Public Private Partnership Law Review, Volume 8 (2013), Issue 3, Page 238 - 247

EU Courts are very reluctant in allowing damages claims against EU institutions for breach of the procurement rules. This corresponds to a more general trend in the case law on the liability of EU institutions. Concerning procurement, however, this is due first to an inflated notion of discretion, limiting the intensity of review, and second, and possibly more relevant, to a very strict approach to causation which simply ignores loss of chances claims. In this situati

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