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The search returned 5 results.

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


The eForms Regulation and Sustainable Public Procurement Data Collection journal article open-access

Nadia-Ariadna Sava

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 3, Page 177 - 184

As of October 2023, the eForms Regulation will become the mandatory standard for public procurement data collection above the thresholds, including data on sustainability. The eForms have the potential to collect sustainable public procurement data and kickstart the process of monitoring green and social public procurement in all Member States. Nevertheless, in their current form, it is improbable that eForms can achieve this goal, because the Regulation makes all sustainable data collection fields optional. Member States can decide to collect sustainable public procurement data, but they lack proper incentives to do so. Both the European Union and Member States should take on the goal of creating a sustainable public procurement data infrastructure, with each its roles and obligations. Keywords: sustainable public procurement, eForms Regulation, data collection, digitalising public procurement, monitoring.


Rethinking The Role Of Civil Society In Public Procurement journal article

Carol Cravero

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 1, Page 30 - 42

Global challenges increasingly require collaborative state-civil society efforts. The formulation and delivery of public policies are no longer the prerogative of the public administration alone. Instead, civil society might play an important role in public policies, including buying practices. Although examples of civil society’s involvement already exist in some public procurement frameworks, its potential is still underexploited or even neglected as to specific public procurement’s stages or purposes. Whilst some specific provisions have been enacted to ensure its effective participation in public procurement to enhance transparency, civil society involvement in buying processes might help fostering sustainability. This paper specifically analyses the questions on how and when (ie at what procurement stage) the involvement of civil society is/can be provided and for what purpose(s) in the light of the 2018 OECD-MAPS and the MDBs guidance documents with a particular focus integrity pacts. Keywords: Sustainable public procurement; Civil society; Integrity.


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.


EU Public Procurement Law: Purchasing Beyond Price in the Age of Climate Change journal article

Beatriz Martinez Romera, Roberto Caranta

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 281 - 292

Climate change is an urgent matter, which calls for considering the potential, opportunities and challenges of public procurement for combating it. This article analyses the role that public purchasing plays in achieving and enhancing climate change mitigation in the EU, and delves into the specific climate and procurement legal framework after the 2015 Paris Agreement and the 2014 Procurement Directive. The EU rules are analysed to understand the evolution of environmental concerns, specifically climate change, in EU public procurement law over the last twenty years. The article shows how climate change may be accommodated in the light of these two developments, most crucially, under the 2014 procurement reform, which has happened against a backdrop of ongoing tensions between concerns for the proper functioning of the internal market and calls stressing the imperatives of sustainability.

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