Reform of the EU Procurement Directives and WTO GPA: Forward Steps for Sustainability?

30 Pages Posted: 22 Jun 2012

See all articles by Abby Semple

Abby Semple

Public Procurement Analysis; University of London, Birkbeck College, School of Social Sciences, History and Philosophy, Politics

Date Written: June 22, 2012

Abstract

The paper examines the scope for social and environmental objectives to be included in public procurement procedures. The concept of sustainable public procurement (SPP) is analysed, and the extent of its implementation by European public authorities. The paper then turns to the legal characterisation of SPP measures and the competence of the EU to regulate in this area. Areas of legal uncertainty are found to exist regarding the specification of production processes and methods, the requirement for a ‘link to the subject-matter of the contract’ and the proper role of contract performance clauses. Conclusions are drawn regarding the likely impact of the reforms proposed by the European Commission on these areas, which are also relevant for the implementation of SPP under the revised WTO Government Procurement Agreement. The paper is intended to lay the groundwork for assessing the legality and effectiveness of different approaches to SPP.

Keywords: public procurement, environmental policy, social policy, sustainability, EU Procurement Directives, WTO Government Procurement Agreement

Suggested Citation

Semple, Abigail, Reform of the EU Procurement Directives and WTO GPA: Forward Steps for Sustainability? (June 22, 2012). Available at SSRN: https://ssrn.com/abstract=2089357 or http://dx.doi.org/10.2139/ssrn.2089357

Abigail Semple (Contact Author)

Public Procurement Analysis ( email )

London
United Kingdom

HOME PAGE: http://www.procurementanalysis.eu

University of London, Birkbeck College, School of Social Sciences, History and Philosophy, Politics ( email )

Malet Street
London, WC1E 7HX
United Kingdom

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