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The search returned 8 results.

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.

The Possibility to Reserve a Public Contract under the New European Public Procurement Legal Framework journal article

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 307 - 325

Over the years, and owing to a dramatic change in the social configuration of our continent, the initial arrangement consecrated by the Treaty Establishing the European Economic Community of 1957 has evolved, from an essentially economic structure, to an amazingly complex edifice defined by the ‘social market economy’. In this new context, public procurement has been given a central role, as a strategic tool in the implementation of various key social policy objectives. Only this has actually placed it deep in the clash between the traditional internal market rules and those pertaining to EU’s social policies. This article tries to spot the concrete place occupied in the described setting by the possibility to reserve a public contract (an institution discriminatory in its very essence) and how this valuable instrument has been transposed into the national legal framework of Member States. It also aims at showing how, in spite of the fact that, by the adoption of Articles 20 and 77 of Directive 2014/24, the general competition rules haven’t been annihilated but just adapted so to better correspond to the new EU landscape, the solution chosen by several Member States for transposition has in fact perverted their original purpose just to offer sufficient leeway for discrimination based on nationality grounds. Keywords: Public contract reserve; Discrimination; Social policy; Strategic public procurement.

Non-legal Barriers to Sustainable Public Procurement in Poland journal article

Beata Faracik

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 184 - 197

Despite many efforts being put in the recent years into the reform of the public procurement legislation both at the European and national level in Poland, the increase in the use of sustainable public procurement is disproportionally low. This article looks therefore at the non-legal barriers that affect the use of the sustainable public procurement (including, although not exclusively social clauses, green clauses), based on the research conducted in Poland. It concludes with suggestions of possible solutions and role of non-state actors in stimulating the use of Sustainable Public Procurement. Keywords: Sustainable public procurement; Social clauses; Non-legal barriers; Human rights; Poland.

Providing Social Enterprises with Better Access to Public Procurement: The Development of Supportive Legal Frameworks journal article

Aikaterini Argyrou

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 310 - 324

This article discusses the issue of social enterprises gaining access to public procurement processes and contracts at the EU and national level. It primarily examines the opportunities for social enterprises to access public procurement contracts provided for in the Public Procurement Directive 2014/24/EU (Public Procurement Directive). It also investigates measures introduced by the Greek government to provide social enterprises with access to public service contracts at a national level through tailor-made law, namely the Social Economy and Social Entrepreneurship Law of 2011 and its amendment in 2016 (Social Entrepreneurship Law of 2011 and amendments).

Corporate Social Responsibility and Sustainability in Danish Public Procurement journal article

Marta Andrecka

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 333 - 345

The new EU Procurement Directives reinforced the importance of sustainable development by facilitating the strategic use of public procurement to achieve broader societal goals and as such offer significant new opportunities for sustainable public procurement. The task of today is to better understand the continuously developing concepts of SPP, as well as to identify the drivers and barriers that promote or hinder its further implementation. This article firstly deals with the relationship between the concepts of sustainability, Corporate Social Responsibility (CSR) and public procurement. Secondly, as Denmark has been known as a pioneer in sustainable development, including implementation of it in public purchasing this article focuses on recent developments in the areas of CSR and sustainable public procurement in Denmark, and analyses relevant Danish Public Procurement Complaints Board decisions.

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