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Author: Abby Semple

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Socially Responsible Public Procurement (SRPP) under EU Law and International Agreements journal article

The GPA, CETA and the EU-Ukraine Deep and Comprehensive Free Trade Area

Abby Semple

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 293 - 309

The 2014 EU Procurement Directives contain an expanded set of provisions relating to socially responsible public procurement (SRPP). From the application of higher thresholds and ability to limit competition for certain contracts through the use of social award criteria and contract performance clauses, there are numerous possibilities for contracting authorities to take considerations related to labour law compliance, trading conditions and social inclusion into account. At the same time, the EU has expanded its international commitments in the field of public procurement through the revision of the WTO Government Procurement Agreement (GPA), the Comprehensive Economic and Trade Agreement (CETA) with Canada, and through the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) with Ukraine, Moldova and Georgia. This paper looks at the extent to which SRPP provisions have been incorporated in these agreements, finding that in a number of areas they offer a less supportive framework than the EU Directives for SRPP.

Classification, Conflicts of Interest and Change of Contractor journal article

Abby Semple, Marta Andrecka

European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 3, Page 171 - 186

The deadline for implementation of the 2014 procurement directives falls in April 2016. In transposing the Public Sector Directive (2014/24/EU) a close look at the text reveals a number of ambiguities – in particular regarding the classification of mixed contracts; application of remedies to contracts for social and other specific services (‘light touch regime’ contracts); the provisions on conflicts of interest; and the rules on modifications to contracts as these affect change of contractor. This article analyses these provisions in light of prior CJEU case law and relevant soft law, proposing interpretations which best reflect these sources. It identifies areas where national law or guidance may be able to provide a greater degree of clarity than the Public Sector Directive.

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