Public Procurement and ‘Core’ Human Rights: A Sketch of the EU Legal Framework
O Martin-Ortega & C M O’Brien (eds), Public Procurement and Human Rights: Risks, Dilemmas and Opportunities for the State as a Buyer (Edward Elgar, Forthcoming)
13 Pages Posted: 24 Jan 2018 Last revised: 24 Apr 2018
Date Written: April 16, 2018
The 2014 EU rules on public procurement arguably create regulatory space for the implementation of ‘core’ human rights oriented public procurement policies. In this chapter, I discuss the main constraints for the inclusion of ‘core’ human rights-related considerations in the procurement process through the following instruments: exclusion grounds; use of labels; award criteria and award constraints; rejection of abnormally-low tenders; and contract performance requirements. I offer a sceptical view of the effectiveness of any of these mechanisms due to policy fuzziness and significant resource constraints. I further query the desirability of ‘core’ human rights oriented procurement due to the implicit trade-offs it creates against the general effectiveness of the procurement function.
Keywords: public procurement, human rights, EU law, Directive 2014/24/EU, effectiveness, procurement function
JEL Classification: H57, K23, K38, K42
Suggested Citation: Suggested Citation