Sustainable Public Procurement under EU Law - New Perspectives on the State as Stakeholder

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). - Evaluates the effectiveness of the modernisation of EU public procurement law from a sustainability perspective - Highlights the challenges and possibilities for the national implementation of the 2016 EU public procurement directives and gives advice to how the national legislators should use the discretion the directives give them - Identifies the major unresolved issues in sustainable public procurement, covering issues on the new EU provisions on sustainable public procurement and the implied balancing of economic and non-economic objectives

1. Why should public procurement be about sustainability? Beate Sjåfjell and Anja Wiesbrock 2. The uneasy relationship between EU environmental and economic policies: the role of the Court of Justice Suzanne Kingston 3. The link to the subject-matter: a glass ceiling for sustainable public contracts? Abby Semple 4. Socially responsible public procurement: European value or national choice? Anja Wiesbrock 5. Labels as enablers of sustainable public procurement Roberto Caranta 6. Life cycle costing for sustainable public procurement in the European Union Dacian C. Dragos and Bogdana Neamtu 7. Sustainable public procurement under framework agreements Marta Andrecka 8. The role of SMEs in promoting sustainable procurement Sarah Schoenmaekers 9. Sustainable public procurement as a driver for sustainable companies? The interface between company law and procurement law Beate Sjåfjell 10. Using contracts to further sustainability? A contract law perspective on sustainable public procurement Anna Beckers 11. Public procurement's potential for sustainability Anja Wiesbrock and Beate Sjåfjell.