By Professor Sue Arrowsmith, Peter Kunzlik
In constructing public procurement coverage, governments are frequently involved not just with price for cash but additionally with selling their social and environmental pursuits. notwithstanding, implementing social and environmental standards makes it more durable for a few providers to take part in public procurement. EC legislation hence limits the facility of nationwide governments to enforce such guidelines. yet how may still the stability be struck among those exchange issues and the will of nationwide governments to exploit procurement as a coverage device? and may the EC even harness Member States' procurement energy to EC-wide goals, equivalent to eco-friendly strength coverage? regardless of the recent provisions integrated within the EC's new (2004) procurement directives, very important matters stay unresolved. This quantity focusses on new matters within the box, significantly the cutting edge provisions within the new directives, new educational pondering and parts missed within the debate, similar to the effect of EC legislations at the CSR rules of non-public utilities.
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Extra info for Social and Environmental Policies in EC Procurement Law: New Directives and New Directions
Nielsen and S. ), The New EU Public Procurement Directives (Copenhagen: DJOF Publishing, 2005), chapter 8; and N. Bruun and B. , chapter 7. EC law is also extensively dealt with in C. McCrudden, Buying Social Justice: Equality, Government Procurement and Legal Change (Oxford University Press, 2007), chapters 16 and 17. 12 sue arrowsmith and peter kunzlik in particular, on some unexplored areas of difﬁculty in applying the Treaty to procurement. Chapter 3 sets out a detailed taxonomy of horizontal policies in procurement.
133. € f fert editors’ note ru 5 Although he does not articulate them in this way, these kinds of considerations would seem to lie behind the more ﬂexible view taken by the Advocate General. The ECJ’s judgment in Rüffert, on the other hand, appears to reject these as general justiﬁcations for measures conﬁned to public contracts in the context of the kind of legislation that was in issue in this case. However, it can be noted that the Court did leave room for the possibility that it might be possible to justify different treatment of workers on public and private contracts in certain cases: as mentioned above the Court mentioned that there was nothing in the ﬁle to indicate why special protection was needed for workers on public contracts, which implies that it might be possible to show this.
Hanley, ‘Avoiding the Issue: The Commission and Human Rights Conditionality in Public Procurement’ (2002) 27 ELRev 714; J. ’ (2001) 10 PPLR NA 13; C. McCrudden, ‘Social Policy Issues in Public Procurement: A Legal Overview’, in S. Arrowsmith and A. ), Public Procurement: Global Revolution (London: Kluwer Law International, 1999), chapter 12; P. , chapter 11; C. Pitschas and H. Priess, ‘Secondary Criteria and their Compatibility with EC and WTO Procurement Law – The Case of the German Scientology Declaration’ (2000) 9 PPLR 196; T.