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The Requirement to Obtain Consent from the Relevant Authorities Constitutes a Contract Performance Condition • Case C-295/20 Sanresa journal article open-access

Ezgi Uysal

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 2, Page 127 - 131

Annotation on the Judgment of the Court of Justice of the European Union (Ninth Chamber) of 8 July 2021 in Case C-295/20 Sanresa UAB v Aplinkos apsaugos departamentas prie Aplinkos ministerijos In July 2021, the Court of Justice of the European Union delivered its judgment on Case C-295/20. The judgment established that the requirement to obtain authorisation for international shipment of waste under Regulation 1013/2006 is a contract performance condition therefore a contracting authority cannot exclude a tenderer due to the lack thereof at the time of tender submission.


Business and Human Rights: journal article

The State as a Buyer

Ezgi Uysal

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 52 - 64

Under the UN Guiding Principles (UNGPs), states are advised to be in a commercial relationship with economic actors that are considerate of their human rights influence. Given the amount of taxpayers’ money spent on procurement, public authorities can use their leverage to add social considerations into the procurement process. This article sets out whether public authorities can use their leverage to invite businesses to respect human rights as provided with the UNGPs. After providing an overview of the UNGPs and the EU approach, this article analyses the EU Public Procurement Directive adopted in 2014 which has promoted sustainability concerns with the use of green and socially responsible public procurement. It then establishes, that although prescribed under the Guiding Principles, the EU regime does not always allow human rights concerns to be integrated into the procurement. Keywords: UNGPs; business and human rights; public procurement; sustainability

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