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Keyword: Environmental

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How Will the Adoption of Mandatory GPP Criteria Change the Game? journal article open-access

Lessons from the Italian Experience

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

Horizontal Policies in Public Procurement journal article

Their Use and Effectiveness in EU Law and Policy

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.

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