Sustainable Public Procurement under EU Law
Sustainable Public Procurement under EU Law

Author: Beate Sjåfjell

Publisher: Cambridge University Press

Published: 2015-12-03

Total Pages: 432

ISBN-13: 1316453898

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This book examines the effectiveness of the modernisation of EU public procurement law in light of the overarching treaty goals on sustainability. Contributors expertly cover core issues of public procurement, including life cycle costing (LCC), eco- and fairtrade labels, the link to the subject matter (LtSM) requirement, the mandatory horizontal rule on environmental and social legal compliance, and framework agreements. Also explored are the balancing of economic and non-economic objectives implied in sustainable public procurement. The volume moves on to identify major unresolved issues in the use of sustainability considerations, and highlights challenges and possibilities for the national implementation due to take place in 2016. The book contributes to the dismantling of the compartmentalisation that underpins unsustainable policy decisions by discussing the interface of company law and public procurement law and the implication of the new rules on sustainable public procurement for sustainable companies, and specifically for small- and medium-sized enterprises (SMEs).

The Law of Green and Social Procurement in Europe
The Law of Green and Social Procurement in Europe

Author: Roberto Caranta

Publisher: Djoef Publishing

Published: 2010

Total Pages: 0

ISBN-13: 9788757423259

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The main objective of public procurement regulation is to provide a government with the supplies and works it needs to operate. This primary objective is connected to the principle of value for money, and for the European Union, with the aim of ensuring the functioning of the internal market in public procurement. However, other objectives related to environmental and social concerns have always played a role as well. These range from the award of contracts, to workshops for the disabled, to strict environmental specifications. These 'secondary' or 'horizontal' objectives, also referred to as 'green procurement' or 'social procurement, ' are the subject of this book. The analysis covers the EU internal market law of green and social procurement, with emphasis on the interpretation, implementation, and practice, in a range of Member States of the EU, and includes a comparative study

Cost and EU Public Procurement Law
Cost and EU Public Procurement Law

Author: Marta Andhov

Publisher: Routledge

Published: 2019-09-19

Total Pages: 197

ISBN-13: 0429594607

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Public institutions, companies and governments in the EU and around the world are increasingly engaging in sustainable public procurement – a broad concept that must consider the three pillars of economic equality, social welfare and public health and environmental responsibility when designing public tenders and finalizing government contracts. This book contributes to the development of life-cycle criteria tools and methodologies for public procurement in the EU. It collects both sector-crossing contributions analysing the most relevant theoretical and legal aspects, including both EU law and contract theory, and sector-specific contributions relating to some of the most important sustainable goods and services markets. The book starts with a chapter that discusses the different approaches to including sustainability considerations in buying decisions by both private and public purchasers, and then goes on to examine the EU law on LCC and how it is implemented in different Member States. These chapters address the challenges in balancing economic and sustainability objectives under EU internal market law. One chapter develops the analysis with specific reference to public-private partnership. Another chapter elaborates how multi-stakeholders’ cooperation is necessary to develop LCC, based on a case study of a lighting services procurement. Three sector-specific studies relating to social housing, textile and clothing and IT close the book. With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.

Europeanization of Environmental Policies and their Limitations
Europeanization of Environmental Policies and their Limitations

Author: Arpad Todor

Publisher: Springer Nature

Published: 2021-05-13

Total Pages: 173

ISBN-13: 3030685861

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This book offers a window into the mechanisms that drive events when countries with poor track records in environmental protection and low administrative capacity, join an organisation with ambitious environmental regulatory regimes, which include some of the highest environmental protections standards in the world. This book examines the institutional building capacity in Romania after two decades of the development of the EU's environmental policy on elaboration, transposition, implementation, monitoring and institutional building. The book examines how Romania has fared as one of the least environmentally friendly EU member states, and poses the following questions. What are the limits of Europeanisation in the area of public policies? What is the reason why, despite the overwhelming public interest in environmental issues, and widespread agreement that urgent action to protect the environment and prevent catastrophic climate change are paramount, the pace of achieving the goals is remains slow. Why do policies fail? This book brings together several case studies focusing on the evolution of environmental policies in Romania over the last twenty years, with a special focus on the post-accession period (2007 onwards). The book provides an analysis of policies, where progress is less than satisfactory, and examines why this is the case.

Environmental Protection and the Social Responsibility of Firms
Environmental Protection and the Social Responsibility of Firms

Author: Bruce L. Hay

Publisher: Routledge

Published: 2010-09-30

Total Pages: 220

ISBN-13: 113652682X

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Everyone agrees that firms should obey the law. But beyond what the law requires-beyond bare compliance with regulations-do firms have additional social responsibilities to commit resources voluntarily to environmental protection? How should we think about firms sacrificing profits in the social interest? Are they permitted to do so, given their fiduciary responsibilities to their shareholders? Even if permissible, is the practice sustainable, or will the competitive marketplace render such efforts and their impacts transient at best? Furthermore, is the practice, however well intended, an efficient use of social and economic resources? And, as an empirical matter, to what extent do firms already behave this way? Until now, public discussion has generated more heat than light on both the normative and positive questions surrounding corporate social responsibility (CSR) in the environmental realm. In Environmental Protection and the Social Responsibility of Firms, some of the nation‘s leading scholars in law, economics, and business examine commonly accepted assumptions at the heart of current debates on corporate social responsibility and provide a foundation for future research and policymaking.

Sustainability in Public Procurement, Corporate Law and Higher Education
Sustainability in Public Procurement, Corporate Law and Higher Education

Author: Lela Melon

Publisher: Taylor & Francis

Published: 2023-12-12

Total Pages: 308

ISBN-13: 1000872505

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Contemporary changes in law and policy at the global level to efficiently answer to environmental and social issues correspond to the traditional approach of limiting the regulatory and policy changes to a singular field or discipline: tackling the inherent unsustainability of corporate laws or incentivising the offering of sustainable finance to stimulate the transition towards sustainable practices. This book provides a new viewpoint and approach of simultaneously regulating seemingly non-connected fields in order to provide a fertile ground for a truly organic change towards sustainable outcomes. It addresses diverse questions of sustainable transition of the three specific fields to support sustainable practices in public procurement, private market transaction, and in educating future business leaders and legal experts by incorporating sustainable concerns as the underlying guiding principles of their conduct. It translates scientific findings into a practical format that can be used by diverse stakeholders searching for information and solutions in their respective professional fields. The underlying assumption is that a simultaneous action in the three respective fields of public procurement, corporate law, and higher education brings about more coherent and interconnected results that incentivise further action and changes towards sustainable practices. The book furthers the idea of policy coherence by building upon the findings in the field of public procurement, corporate law, and practice and higher education curricula. By identifying the barriers in the three respective fields for sustainable action and proposing solutions for either eliminating or minimising those barriers at the EU level, the book calls for further changes in the respective fields as well as for considering the spillover effects of these policies on other fields.

Mandatory Sustainability Requirements in EU Public Procurement Law
Mandatory Sustainability Requirements in EU Public Procurement Law

Author: Willem Janssen

Publisher: Bloomsbury Publishing

Published: 2023-10-05

Total Pages: 313

ISBN-13: 1509963979

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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.

Reformation or Deformation of the EU Public Procurement Rules
Reformation or Deformation of the EU Public Procurement Rules

Author: Grith Skovgaard Ølykke

Publisher: Edward Elgar Publishing

Published: 2016-11-25

Total Pages: 439

ISBN-13: 1785361813

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Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.