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.

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.

This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.

Drawing on a range of expert contributions, this book explores how the European Green Deal is being deployed in practice and observes how the EU tries to promote the protection of the environment in third countries. This book begins by assessing the state of the art in terms of the key conceptual issues and analyses sectoral initiatives that are particularly relevant for the deployment of the European Green Deal external dimensions. These include the Carbon Border Adjustment Mechanism, the EU’s regulatory action in the control of maritime emissions, the 2030 Biodiversity Strategy, the Deforestation Initiative, the Zero Pollution Initiative, the From Farm to Fork Initiative, and the Climate Neutrality and Clean Energy Initiative in the context of the Energy Charter Treaty. Next, the authors deal with horizontal aspects of the European Green Deal that also have external dimensions, such as the Green Deal Diplomacy, the Green Public Procurement, funding measures, initiatives related to corporate sustainability and due diligence, and the implementation and enforcement of EU environmental law. This volume concludes with a cross-cutting analysis, focusing on how the EU can strengthen the impact of its normative power on international environmental governance, while also noting its limitations. Deploying the European Green Deal will be of great interest to students and scholars of international and EU environmental law and environmental policy and governance. Chapter 10 of this book is available for free in PDF format as Open Access from the individual product page at www.taylorfrancis.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The book examines sustainable food procurement policy and practice in the European Union and beyond, exploring the extent to which sustainability objectives have been achieved and evaluating the new developments taking place at both EU and national levels. While there is a growing recognition that public authorities can use public procurement as a policy tool to pursue multiple environmental, health and socio-economic objectives, contracting authorities still face many challenges. This volume investigates the scope for pursuing sustainable objectives in public procurement of food and catering services, examining different regulatory contexts and organisational models to answer the overall question of how to integrate sustainability concerns into the various phases of public food procurement processes. Contributions in the book examine the policy and legal procurement framework and practices for sustainable public catering in three EU Member States: Italy, France and Spain. There is a comparative survey of the Baltic Region, including Denmark, Estonia, Finland, Poland and Russia, and moving beyond the EU, there is examination of the UK and Brazil, as well as a cross country comparison of the UK with Denmark and Sweden. Drawing on the expertise of an interdisciplinary and intersectoral team of contributors allows the book to benefit from the insights of different disciplines, including business sciences, anthropology and law. Tapping into the global discussion on public food procurement as a means to achieve multiple social and environmental goals, this work will stimulate readers looking for new creative ways to create value through public food purchasing. This book will be of great interest to students, researchers, policymakers and public- and private-sector representatives interested in public procurement, food policy and law, sustainable food sourcing and supply chain management.

In recent years, food law has taken on an increasingly prominent role in political discourse, with calls for a more sustainable food system challenging the legal status quo. A thorough legal perspective is thus indispensable for grasping the complexities of the EU food system and political quests for change. In the first monograph of its kind, Hanna Schebesta and Kai Purnhagen offer an authoritative and comprehensive overview of EU food legislation. Drawing on the authors' experience researching and teaching in the field, EU Food Law explores how political paradigms have shaped the development of laws in a variety of domains, including food technology, food safety, food information, food quality, nutrition, and sustainability. The book begins with insightful analyses of the historical foundations of EU food law and two existing umbrella frameworks: the General Food Law Regulation and the Official Controls Regulation. The book then presents an in-depth discussion of the food law acquis before contextualising EU law against international food law. Schebesta and Purnhagen have created the definitive resource on EU food law, offering a balanced treatment of the subject across eighteen carefully structured chapters. This volume is essential reading for students, academics, and practitioners alike.

Public procurement makes up a significant part of national economies: 10–25% of gross domestic product (GDP), depending on the country. Appropriate laws and regulations are an essential tool to direct the action of procurers towards the public good and avoid corruption and misallocation of resources, while at the same time sustaining progress and social goals. The original approach of this book combines juridical, economic, and technical expertise to find common terrain and a common language in order to debate the specific issues that affect public administrations across the world that need advancing and modernizing. The book features contributions across four specific themes of interest to the procurer’s day-to-day job in modern public purchasing organizations: preferences and political economy in public procurement, climate change, defence procurement, and human rights in public procurement. The aim is to let the new emerging trade-offs between competition and sustainability emerge, highlighting at the same time the possible synergies between the relevant policy objectives. The book takes into account sectoral specificities, reinforced by recent global events such as wars, natural disasters, and populism. The unique format features in each section an interdisciplinary debate between two experts across different disciplines who deliberate and engage one another so as to improve the mutual understanding across disciplines, followed by two additional contributions. This book will be of interest to scholars, researchers, and policymakers worldwide.

Presenting cutting-edge insights into the current state of EU legislation, this book addresses the profound changes that the EU’s legislature has undergone in recent years and how these shape the development of EU law. At the heart of this inquiry is how the strive for uniform EU legislation is balanced with the necessity to leave a certain degree of autonomy to Member States.

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.