Social and Environmental Policies in EC Procurement Law: New Directives and New Directions

Cambridge University Press, 2/19/2009
EAN 9780521881500, ISBN10: 0521881501

Hardcover, 550 pages, 23.1 x 15.2 x 3 cm
Language: English
Originally published in English

In developing public procurement policy, governments are often concerned not only with value for money but also with promoting their social and environmental objectives. However, imposing social and environmental requirements makes it harder for some suppliers to participate in public procurement. EC law thus limits the ability of national governments to implement such policies. But how should the balance be struck between these trade concerns and the desire of national governments to use procurement as a policy tool? And should the EC even harness Member States' procurement power to EC-wide objectives, such as green energy policy? Despite the new provisions included in the EC's new (2004) procurement directives, important issues remain unresolved. This volume focusses on new issues in the field, notably the innovative provisions in the new directives, new academic thinking and areas neglected in the debate, such as the impact of EC law on the CSR policies of private utilities.

1. Public procurement and horizontal policies in EC law
general principles Sue Arrowsmith and Peter Kunzlik
2. EC regulation of public procurement Sue Arrowsmith and Peter Kunzlik
3. A taxonomy of horizontal policies in public procurement Sue Arrowsmith
4. Application of the EC Treaty and directives to horizontal policies
a critical review Sue Arrowsmith
5. The impact of the EC state aid rules on horizontal policies in public procurement Hans-Joachim Priess and Moritz Graf von Merveldt
6. EC public procurement law and equality linkages
foundations for interpretation Christopher McCrudden
7. Disability issues in public procurement Rosemary Boyle
8. The legality of SME development policies under EC procurement law Nicholas Hatzis
9. The procurement of 'green' energy Peter Kunzlik
10. Reconciling national autonomy and trade integration in the context of eco-labelling Dan Wilsher
11. CSR in the utilities sector and the implications of EC procurement policy
a framework for debate Sue Arrowsmith and Colin Maund
12. Co-ordinating public procurement to support EU objectives – a first step? The case of exclusions for serious criminal offences Sope Williams.