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Smart Public Procurement And Labour Standards
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Book Synopsis Smart Public Procurement and Labour Standards by : Albert Sánchez Graells
Download or read book Smart Public Procurement and Labour Standards written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.
Book Synopsis Smart Public Procurement and Labour Standards by : Albert Sanchez-Graells
Download or read book Smart Public Procurement and Labour Standards written by Albert Sanchez-Graells and published by Hart Publishing. This book was released on 2020-06-25 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.
Book Synopsis Discretion in EU Public Procurement Law by : Sanja Bogojevic
Download or read book Discretion in EU Public Procurement Law written by Sanja Bogojevic and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.
Book Synopsis Shaping EU Public Procurement Law by : Albert Sanchez-Graells
Download or read book Shaping EU Public Procurement Law written by Albert Sanchez-Graells and published by Kluwer Law International B.V.. This book was released on 2018-09-14 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.
Book Synopsis Public Procurement and Human Rights by : Olga Martin-Ortega
Download or read book Public Procurement and Human Rights written by Olga Martin-Ortega and published by Edward Elgar Publishing. This book was released on 2019 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.
Book Synopsis Cost and EU Public Procurement Law by : Marta Andhov
Download or read book Cost and EU Public Procurement Law written by Marta Andhov and published by Routledge. This book was released on 2019-09-19 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public institutions, companies and governments in the EU and around the world are increasingly engaging in sustainable public procurement – a broad concept that must consider the three pillars of economic equality, social welfare and public health and environmental responsibility when designing public tenders and finalizing government contracts. This book contributes to the development of life-cycle criteria tools and methodologies for public procurement in the EU. It collects both sector-crossing contributions analysing the most relevant theoretical and legal aspects, including both EU law and contract theory, and sector-specific contributions relating to some of the most important sustainable goods and services markets. The book starts with a chapter that discusses the different approaches to including sustainability considerations in buying decisions by both private and public purchasers, and then goes on to examine the EU law on LCC and how it is implemented in different Member States. These chapters address the challenges in balancing economic and sustainability objectives under EU internal market law. One chapter develops the analysis with specific reference to public-private partnership. Another chapter elaborates how multi-stakeholders’ cooperation is necessary to develop LCC, based on a case study of a lighting services procurement. Three sector-specific studies relating to social housing, textile and clothing and IT close the book. With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.
Book Synopsis Sustainable Public Procurement of Infrastructure and Human Rights by : Olga Martin-Ortega
Download or read book Sustainable Public Procurement of Infrastructure and Human Rights written by Olga Martin-Ortega and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services.
Book Synopsis Mandatory Sustainability Requirements in EU Public Procurement Law by : Willem Janssen
Download or read book Mandatory Sustainability Requirements in EU Public Procurement Law written by Willem Janssen and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The EU Directive on Adequate Minimum Wages by : Luca Ratti
Download or read book The EU Directive on Adequate Minimum Wages written by Luca Ratti and published by Bloomsbury Publishing. This book was released on 2024-03-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an all-encompassing and timely analysis of the EU regulatory framework deriving from the enactment of Directive 2022/2041 on adequate minimum wages. In the first part, the book discusses the function of minimum wage policies in contemporary labour markets and the role of social partners and collective bargaining in governing minimum wage determinants and trends. The second part provides an article-by-article commentary of the Directive, including insights on crucial aspects such as the EU competence to intervene on wages, the concept of minimum wage adequacy, and the measurement and promotion of collective bargaining coverage. The third part assesses the impact of the Directive across the EU, focusing on the main systemic implications of the Directive as well as on the structural changes that Member States will need to implement. With contributions written by scholars and stakeholders from across Europe, the book sheds light on one of labour law's most fundamental objectives – to provide for adequate minimum wages. It is an invaluable resource for researchers, policy makers, trade unionists and employers' representatives.
Book Synopsis Digital Technologies and Public Procurement by : Albert Sanchez-Graells
Download or read book Digital Technologies and Public Procurement written by Albert Sanchez-Graells and published by Oxford University Press. This book was released on 2024-01-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digital transformation of the public sector has accelerated. States are experimenting with technology, seeking more streamlined and efficient digital government and public services. However, there are significant concerns about the risks and harms to individual and collective rights under new modes of digital public governance. Several jurisdictions are attempting to regulate digital technologies, especially artificial intelligence, however regulatory effort primarily concentrates on technology use by companies, not by governments. The regulatory gap underpinning public sector digitalisation is growing. As it controls the acquisition of digital technologies, public procurement has emerged as a 'regulatory fix' to govern public sector digitalisation. It seeks to ensure through its contracts that public sector digitalisation is trustworthy, ethical, responsible, transparent, fair, and (cyber) safe. However, in Digital Technologies and Public Procurement: Gatekeeping and Experimentation in Digital Public Governance, Albert Sanchez-Graells argues that procurement cannot perform this gatekeeping role effectively. Through a detailed case study of procurement digitalisation as a site of unregulated technological experimentation, he demonstrates that relying on 'regulation by contract' creates a false sense of security in governing the transition towards digital public governance. This leaves the public sector exposed to the 'policy irresistibility' that surrounds hyped digital technologies. Bringing together insights from political economy, public policy, science, technology, and legal scholarship, this thought-provoking book proposes an alternative regulatory approach and contributes to broader debates of digital constitutionalism and digital technology regulation.
Book Synopsis Trade, Labour and Sustainable Development by : Tonia Novitz
Download or read book Trade, Labour and Sustainable Development written by Tonia Novitz and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the relationship between trade and labour regulation in light of the pressing need to promote sustainable development, Tonia Novitz interrogates how international legal architecture could be reformed so that no one in the world of work gets left behind. She highlights the dangers of pursuing labour and environmental issues on parallel tracks without recognising how they interact, ultimately arguing for the crafting of the content and application of trade rules through participatory processes, which involve the inclusive representation of all sectors of the labour market and all parts of the world.
Book Synopsis European Public Procurement by : Caranta, Roberto
Download or read book European Public Procurement written by Caranta, Roberto and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.
Book Synopsis Posted Work in the European Union by : Jens Arnholtz
Download or read book Posted Work in the European Union written by Jens Arnholtz and published by Routledge. This book was released on 2019-10-08 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.
Book Synopsis Public Procurement and Human Rights by : Olga Martin-Ortega
Download or read book Public Procurement and Human Rights written by Olga Martin-Ortega and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.
Book Synopsis Sustainable Public Procurement under EU Law by : Beate Sjåfjell
Download or read book Sustainable Public Procurement under EU Law written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-12-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the effectiveness of the modernisation of EU public procurement law in light of the overarching treaty goals on sustainability. Contributors expertly cover core issues of public procurement, including life cycle costing (LCC), eco- and fairtrade labels, the link to the subject matter (LtSM) requirement, the mandatory horizontal rule on environmental and social legal compliance, and framework agreements. Also explored are the balancing of economic and non-economic objectives implied in sustainable public procurement. The volume moves on to identify major unresolved issues in the use of sustainability considerations, and highlights challenges and possibilities for the national implementation due to take place in 2016. The book contributes to the dismantling of the compartmentalisation that underpins unsustainable policy decisions by discussing the interface of company law and public procurement law and the implication of the new rules on sustainable public procurement for sustainable companies, and specifically for small- and medium-sized enterprises (SMEs).
Book Synopsis OECD Principles for Integrity in Public Procurement by : OECD
Download or read book OECD Principles for Integrity in Public Procurement written by OECD and published by OECD Publishing. This book was released on 2009-03-24 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Principles for Integrity in Public Procurement are a ground-breaking instrument that promotes good governance in the entire procurement cycle, from needs assessment to contract management.
Book Synopsis The Parliamentary Debates (Hansard). by : Great Britain. Parliament. House of Lords
Download or read book The Parliamentary Debates (Hansard). written by Great Britain. Parliament. House of Lords and published by . This book was released on 2013 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
