الزامات الزامی پایداری در قانون مناقصات عمومی اتحادیه اروپا: تأملاتی بر یک تغییر پارادایمی

This book provides the first comprehensive appraisal of the paradigm shift towards mandatory sustainability requirements in EU public procurement law.Traditionally, EU public procurement law focused on'how to buy', dictating procedural rules so that public buyers in the Member States did not discriminate against suppliers and service providers from other Member States. Mandatory green and social requirements mean that, with a view to achieving sustainable development goals and mitigating climate change, the EU will limit this discretionary power for public buyers, pushing them to acquire more sustainable goods and services.Based on legal analysis informed by economic perspectives, the book aims to contribute to an understanding and critical discussion of the EU legislator's move towards regulating'what to buy'. The book discusses the role of the Public Procurement Directives in relation to this paradigm shift, as well as various other sectoral legislative instruments that have been revamped or newly introduced in light of the European Green Deal.The paradigm shift is analysed from different perspectives, including subsidiarity, alternative regulation, economics and public purchasing. The book includes novel sectoral studies on transport, food, clothing, and construction, discussing how change is taking place and what its major challenges are for the future. Chapters on Italy, the Netherlands, Spain, and more, offer case studies of Member States that have already introduced mandatory requirements and highlight lessons learnt.This is an essential book for professionals working with public procurement law in academia and practice, and to those engaged in achieving public policy objectives in light of climate change and social injustice. Acknowledgements Contents About the Authors Abbreviations/Acronyms Table of Cases Table of Legislation PART 1: FOUNDATIONS OF THE PARADIGM SHIFT: TOWARDS MANDATORY SUSTAINABILITY REQUIREMENTS IN EU PUBLIC PROCUREMENT 1. Shifting Towards Mandatory Sustainability Requirements in EU Public Procurement Law: Context, Relevance and a Typology I. Introduction II. Sustainable Public Procurement as a Force for Good III. The Voluntary Legal Nature of Sustainability in EU Public Procurement Law IV. The Current Debate about Mandatory Requirements in the Context of the Classic Directive V. The Relevance of the Paradigm Shift Ahead: The Need to Discuss the Development from Voluntary to Mandatory Sustainability Requirements VI. Guiding the Debate Ahead: A Typology of Mandatory Sustainability Requirements VII. Conclusion 2. Climate Change and Public Procurement: Are We Shifting the Legal Discourse? I. Introduction II. What is Climate Change? III. What is Low Emission Public Procurement? IV. How do We Address Climate Change in the Law? V. Sectoral Legislation – A Plethora of Different Solutions VI. Targets and Public Procurement VII. Conclusion 3. Subsidiarity Lost Along the Way? EU Public Procurement Legislation on the Road to Sustainability I. Introduction II. Subsidiarity: The Rise to Ambiguity III. Subsidiarity in Eu Public Procurement Legislation IV. European Green Deal Legislation Affecting Public Procurement and Subsidiarity V. Conclusion 4. Mandatory Requirements in Sustainable Public Procurement: The Economic Perspective I. Introduction II. Regulation and the Economy III. Is Green Public Procurement Supported by Theory and Empirical Evidence? IV. Is Socially Responsible Public Procurement Supported by Economic Theory and Empirical Evidence? V. Rules versus Discretion: The Behaviour of the Different Actors VI. Conclusion 5. Coercive, Mimetic and Normative Influences on the Uptake of Sustainable Public Procurement: An Institutional Perspective I. Introduction II. Mandatory Requirements III. Copying Best Practices IV. Professional Norms V. Conclusion and Discussion 6. Regulating the Producer Instead of the Procurer – The EU Sustainable Products Initiative and Extended Producer Responsibility as Ways to Foster the Transition to a Circular Economy I. Introduction II. Ecodesign III. Extended Producer Responsibility IV. Concluding Remarks PART 2: SECTORAL SCRUTINY – MANDATORY SUSTAINABILITY REQUIREMENTS IN CURRENT AND FUTURE EU (SECTORAL) REGULATION 7. Charge of the Light Brigade? The Clean Vehicles Directive and the Batteries Regulation I. Introduction II. Profile and Impact of Public Procurement of Road Transport Vehicles III. The Original Clean Vehicles Directive IV. The Revised Clean Vehicles Directive V. Proposal for a Batteries Regulation VI. Discussion and Appraisal 8. Food: Mandatory EU Public Procurement Criteria for Food after the Farm to Fork Strategy I. Public Procurement and Food Sustainability: The Farm to Fork Strategy and the Green Deal II. Food Procurement: Voluntary GPP Criteria as the State of the Art III. What are Sustainable Foods? IV. How to Operationalise EU-Mandatory Sustainability Public Procurement Criteria for Food? V. Conclusion 9. Textiles and Clothing: Mandatory Social Requirements as the Way Forward? I. Introduction II. Social Challenges in Public Procurement of Textiles and Clothing Products III. Requirements for Textiles and Clothing in the Context of Sustainability and Public Procurement IV. Conclusions and Future Trends 10. Transforming the Construction Sector Through Minimum Requirements I. Introduction II. Development of SPP Rules in the Construction Sector III. Implementation of Mandatory SPP Rules Throughout Different Public Procurement Phases IV. Transforming the Construction Industry as a Whole: The Benefits of a Sector-Specific Approach V. Concluding Remarks PART 3: MEMBER STATE EXPERIENCES – MANDATORY SUSTAINABILITY REQUIREMENTS ON THE MEMBER STATE LEVEL 11. Italy: Leading the Way Towards Mandatory Sustainable Public Procurement through Minimum Environmental Criteria I. Introduction II. A Brief Overview of the Italian Public Procurement Legal System III. The Road Towards Sustainable Public Procurement in the Italian Legal System IV. Unpacking the CAMs: Potential Transformation and Current Barriers V. Making Sense of the Application of the Cams: The Role of the Italian Case Law VI. Conclusion 12. The Netherlands: Obligations to Justify the Lowest Price and to Create as Much Societal Value as Possible I. Introduction II. Obligation to Justify the Lowest Price or Cost as the Award Criterion (Article 2.114(4)) III. Obligation to Procure as Much Societal Value as Possible (Article 1.4(2)) IV. Relevance of Both Obligations for Sustainable Public Procurement V. Conclusion 13. Spain: Transitioning Towards Sustainable Public Procurement Mandatory Requirements I. Introduction II. An Overview of the Regulatory Framework Governing Public Procurement and the Development of SPP in Spain III. SPP Mandatory Requirements in the LCSP and RD-L 3/2020 IV. The Consolidation of Mandatory SPP in Climate Change Legislation V. Sustainable Public Procurement in the Framework of the Next Generation Funds VI. SPP Mandatory Requirements in Sector-Specific Legislation VII. Lessons Learned and Challenges of SPP in Spain PART 4: FUTURE PERSPECTIVES – THE FUTURE OF SUSTAINABLE PUBLIC PROCUREMENT 14. Mandatory Requirements in Public Procurement Law: The Role of Remedies, Courts and Public Interest Litigation I. Introduction II. What Measures can be Challenged When SPP Mandatory Requirements are at Stake? III. Civil Society Litigation IV. Conclusion 15. Collective Reflections on the Future of Mandatory Sustainable Public Procurement I. Introduction II. Procedural and Substantive Criteria III. Horizontal and Sectoral Criteria IV. (Public Procurement) Targets V. Product-Specific Requirements VI. Remedies VII. Effectiveness and Efficiency VIII. Final Thought Index