Uche Nnawulezi, Eti Best Herbert, Salim Bashir Magashi, Safiyyah Ummu Mohammed, Olayiwola Owoade Oladele

European Procurement & Public Private Partnership Law Review, Volume 19 (2024), Issue 2, Page 134 - 144

The emergence of Green Public Procurement created an innovative means of procuring goods and labour in line with global environment standards and regulations. Green Public Procurement has become a major mechanism for addressing global issues confronting the environment. This article employs a doctrinal research method, reviewing relevant existing literatures and legislations to consider the prospects of Green Public Procurement having a positive effect in Nigeria, Zambia, South Africa, China and Brazil. To achieve a holistic implementation process, this article advocates for concerted efforts to conduct a sustainability assessment, the establishment of clear sustainability goals, along with training and retraining of procurement staff engaged in the protection of the environment through Green Public Procurement. Keywords: Environmental Protection; Sustainable Development; Green Public Procurement

Aura Iurascu

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 6 - 16

With the 2003 Communication on Integrated Product Policy, the European Commission started focusing more on ‘greening’ Member States’ public procurement law, by encouraging the adoption of National Action Plans (NAPs). Subsequently, with the 2008 Communication, green public procurement (GPP) criteria were developed. Since then, the Commission has developed more than 20 standard GPP criteria, which are currently applied voluntarily. Recently, the EU Commission indicated that they are working on mandating GPP criteria and several legislative proposals are foreseeing the setup of mandatory EU GPP criteria for all Member States. Some domestic legislations have already introduced mandatory GPP criteria. In particular, the Italian legislator followed up the Commission’s initiative on NAPs, and adopted mandatory minimum environmental criteria (MECs) for 18 purchasing categories. This article aims to describe and compare the evolution of GPP criteria in the EU and Italy to illustrate and anticipate possible outcomes for the forthcoming mandatory GPP at the EU level. By doing so, the paper emphasises the prominent role played by the Italian Council of State in ensuring the mandatory minimum for environmental criteria in Italian law. Finally, it argues that the Italian approach, which uses the ineffectiveness of the contract as a general and well-established remedy, has proven successful in ensuring the enforcement of MECs. Keywords: GPP criteria; sustainable public procurement; mandatory minimum environmental criteria; Italian public procurement law; ineffectiveness of public contract

David Hickman

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 87 - 98

The main aim of this paper is to analyse the pros and cons of horizontal policies (HPs) in EU public procurement. The principal argument advanced is that there is a positive case for the targeted use of such policies, which is supported both in legal and policy terms. However, there is a strong tension between the core economic principles on which the EU was established and the promotion of HPs at a European-wide level. This paper concludes that horizontal policies, notwithstanding criticism, are a legitimate and powerful tool in the public procurement locker. The evidence suggests that considerable green, wider societal and economic benefits may be achieved when using such policies. Much uncertainty remains, but Brexit could present an opportunity for the UK to use HPs in public procurement with greater latitude. Keywords: Horizontal policies; Social; Environmental; Eco-label.

Karolina Lehto

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 346 - 351