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This book evaluates the 2014 EU public procurement law reform from a sustainability perspective.
This book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law. Traditionally, EU public procurement law focused on 'how to buy', dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services. Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator's move towards regulating 'what to buy'. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal. The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt. This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.
This book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law. Traditionally, EU public procurement law focused on 'how to buy', dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services. Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator's move towards regulating 'what to buy'. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal. The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt. This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice.
Drawing on a range of expert contributions, this book explores how the European Green Deal is being deployed in practice and observes how the EU tries to promote the protection of the environment in third countries. This book begins by assessing the state of the art in terms of the key conceptual issues and analyses sectoral initiatives that are particularly relevant for the deployment of the European Green Deal external dimensions. These include the Carbon Border Adjustment Mechanism, the EU’s regulatory action in the control of maritime emissions, the 2030 Biodiversity Strategy, the Deforestation Initiative, the Zero Pollution Initiative, the From Farm to Fork Initiative, and the Climate Neutrality and Clean Energy Initiative in the context of the Energy Charter Treaty. Next, the authors deal with horizontal aspects of the European Green Deal that also have external dimensions, such as the Green Deal Diplomacy, the Green Public Procurement, funding measures, initiatives related to corporate sustainability and due diligence, and the implementation and enforcement of EU environmental law. This volume concludes with a cross-cutting analysis, focusing on how the EU can strengthen the impact of its normative power on international environmental governance, while also noting its limitations. Deploying the European Green Deal will be of great interest to students and scholars of international and EU environmental law and environmental policy and governance. Chapter 10 of this book is available for free in PDF format as Open Access from the individual product page at www.taylorfrancis.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.
The field of EU public procurement law is one of the few fields of EU law where a very developed enforcement regime is in place. Furthermore, recent legislation and practice from the European Court of Justice ensures an even higher level of effectiveness. This book focuses on the national enforcement of the EU public procurement rules (as enforcement mainly takes place at national level) and the recent changes introduced with Remedies Directive 2007/66 which are important but also unclear on substantial points. The new remedy ineffectiveness of concluded contracts will be given particular attention. Enforcement at the supranational level is also considered, with emphasis on the possible interaction between national and supranational enforcement of the rules.
utilities." --Book Jacket.
“It's a fight against time." That is how the book begins, presenting a historical background of how the topic of sustainable production and consumption was included in the global agenda and reached Brazil. It is clear in the work who and what the potential actors and instruments that interact for that purpose are. In a fun way, thematic infographics show the impact from consumption and production, inspired by Life Cycle Assessment (LCA). In Chapters 2 and 3, readers will find inspiring examples of institutional procurement collected through exclusive interviews, news articles, corporate reports and scientific articles describing successful experiences in the public and private sectors, highlighting which institutions broke the resistance and became protagonists in the use of transformation potential through sustainable consumption and production. In Chapter 4, under a guidance perspective, two tools are recommended for continuously improving management of public and business procurement - the former was developed by ICLEI, for the Procura+ campaign, and the latter by the UN Global Compact. Also, propositions are presented in order to incorporate sustainability attributes in the procurement and supply management systems. Based on our experiences with consultancies and projects in partnership with governments, business platforms and academic researches, a survey was conducted with about 50 institutions, among public bodies and businesses, organizing lessons learnt and calling attention for facilitators and barriers of institutional consumption aimed at sustainability. Among the institutions we surveyed, we picked up the examples described in this work. Finally, in Chapter 5, under an integrated perspective of sectors and actors, including individual consumers, we made a critical analysis of the advancements and challenges faced in the past years, and point to guidelines for the future of the so-wanted 'inclusive green economy', considering institutional procurement as an essential tool to (re)build a global scenario that is more favorable to sustainable development.
This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.