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.
Daugiau informacijos
Analyses the shift towards mandatory green and social requirements in EU public procurement law in light of the implementation of the European Green Deal.
Part 1: Foundations of the Paradigm Shift - Towards Mandatory
Sustainability Requirements in EU Public Procurement
1. Shifting Towards Mandatory Sustainability Requirements in EU Public
Procurement Law: Context, Relevance and a Typology, Willem Janssen (Utrecht
University, the Netherlands)
2. Climate Change and Public Procurement: Are We Shifting the Legal
Discourse? Marta Andhov (University of Copenhagen, Denmark) and Federica
Muscaritoli (University of Copenhagen, Denmark)
3. Subsidiarity Lost Along the Way? EU Public Procurement Legislation on the
Road to Sustainability, Ton van den Brink (Utrecht University, the
Netherlands)
4. Mandatory Requirements in Sustainable Public Procurement: The Economic
Perspective, Enrique Carreras (University of Turin, Italy) and Davide Vannoni
(University of Torino, Italy)
5. Coercive, Mimetic and Normative Influences on the Uptake of Sustainable
Public Procurement: An Institutional Perspective, Fredo Schotanus (Utrecht
University, the Netherlands) and Ruben Nicolas (Utrecht University, the
Netherlands)
6. Regulating the Producer Instead of the Procurer The EU Sustainable
Products Initiative and Extended Producer Responsibility as Ways to Foster
the Transition to a Circular Economy, Chris Backes (Utrecht University, the
Netherlands) and Marlon Boeve (Utrecht University, the Netherlands)
Part 2: Sectoral Scrutiny Mandatory Sustainability Requirements in Current
and Future EU (Sectoral) Regulation
7. Charge of the Light Brigade? The Clean Vehicles Directive and the
Batteries Regulation, Abby Semple (Greenville Procurement Partners, Ireland)
8. Food: Mandatory EU Public Procurement Criteria for Food after the Farm to
Fork Strategy, Hanna Schebesta (Wageningen University, the Netherlands) and
Maria José Plana Casado (Wageningen University, the Netherlands)
9. Textiles and Clothing: Mandatory Social Requirements as the Way Forward?
Malgorzata Koszewska (Lodz University of Technology, Poland) and Jeanne
Svensky Ligte (Lodz University of Technology, Poland)
10. Transforming the Construction Sector Through Minimum Requirements,
Dorothy Gruyaert (KU Leuven, Belgium) and Veerle Pissierssens (Lawyer,
Belgium)
Part 3: Member State Experiences Mandatory Sustainability Requirements on
the Member State Level
11. Italy: Leading the Way Towards Mandatory Sustainable Public Procurement
through Minimum Environmental Criteria, Guilia Botta (University of Milan,
Italy)
12. The Netherlands: Obligations to Justify the Lowest Price and to Create as
Much Societal Value as Possible, Paul Heijnsbroek (Straatman Koster, the
Netherlands)
13. Spain: Transitioning Towards Sustainable Public Procurement Mandatory
Requirements, Ximena Lazo Vitoria (University of Alcalį, Spain)
Part 4: Future Perspectives The Future of Sustainable Public Procurement
14. Mandatory Requirements in Public Procurement Law: The Role of Remedies,
Courts and Public Interest Litigation, Franēois Lichčre (University of Jean
Moulin Lyon 3, France) and Oriane Sulpice (University Lumičre Lyon 2,
France)
15. Collective Reflections on the Future of Mandatory Sustainable Public
Procurement, Roberto Caranta (University of Turin, Italy) and Willem Janssen
(Utrecht University, the Netherlands)
Willem Janssen is Associate Professor in European and Dutch Public Procurement Law, Utrecht University, the Netherlands. Roberto Caranta is Professor of Law at the University of Turin, Italy.
