Contracting Authorities and Strategic Goals of Public Procurement – A Relationship Defined by Discretion?

This is an author-produced version of a book chapter originally published in S. Bogojevic, X. Groussot, J. Hettne (eds.): Discretion in EU Procurement Law (Hart Publishing 2019). Available here: https://www.bloomsburyprofessional.com/uk/discretion-in-eu-public-procurement-law-9781509919482/

University of Copenhagen Faculty of Law Research Paper No. 2021-105

24 Pages Posted: 29 Mar 2021 Last revised: 21 May 2021

See all articles by Marta Andhov

Marta Andhov

University of Copenhagen - Centre for Private Governance (CEPRI)

Date Written: February 28, 2021

Abstract

This chapter introduces the concept of strategic public procurement, analyses EU competence in regulating strategic public procurement, investigates the scope of the discretion entrusted to the contracting authorities in the area of strategic public procurement. Section V discusses the limits of this discretion, focusing especially on Article 18(2) of Directive 2024/14/EU, which obliges Member States to ensure compliance with environmental, social and labour laws in the implementation of public contracts. Section VI concludes the chapter.

Keywords: SPP; sustianable public procurement, strategic public procurement; discretion; green public procurement

JEL Classification: K12; K23; K32;L24;L38; F18

Suggested Citation

Andhov, Marta, Contracting Authorities and Strategic Goals of Public Procurement – A Relationship Defined by Discretion? (February 28, 2021). This is an author-produced version of a book chapter originally published in S. Bogojevic, X. Groussot, J. Hettne (eds.): Discretion in EU Procurement Law (Hart Publishing 2019). Available here: https://www.bloomsburyprofessional.com/uk/discretion-in-eu-public-procurement-law-9781509919482/, University of Copenhagen Faculty of Law Research Paper No. 2021-105, Available at SSRN: https://ssrn.com/abstract=3794794

Marta Andhov (Contact Author)

University of Copenhagen - Centre for Private Governance (CEPRI) ( email )

Karen Blixens Vej 16
Copenhagen, 2300
Denmark

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