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: 20 May 2021
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: Suggested Citation