Smart Public Procurement and Labour Standards

Pushing the Discussion after RegioPost

Häftad, Engelska, 2020

AvAlbert Sánchez Graells,Albert Sanchez-Graells

589 kr

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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.

Produktinformation

Utgivningsdatum2020-06-25
Mått156 x 234 x undefined mm
Vikt440 g
FormatHäftad
SpråkEngelska
Antal sidor312
FörlagBloomsbury Publishing PLC
ISBN9781509939503

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Arbetsrätt inom Juridik

1. Introduction Albert Sánchez-GraellsPart I: Constitutional and Internal Market Aspects of the Enforcement of Labour Standards through Social Smart Procurement in the EU2. RegioPost—A Constitutional PerspectivePhil Syrpis3. Article 56 TFEU and the Principle of Proportionality: Why, When and How Should They be Applied After RegioPost?Piotr Bogdanowicz4. Upholding General Principles versus Distinguishing Cases: On the Use of Precedent in EU Public Procurement Law (A Case Study) Roberto CarantaPart II: Procurement and Market Perspectives of the Enforcement of Labour Standards in the EU5. Living Wages in Public Contracts: Impact of the RegioPost Judgment and the Proposed Revisions to the Posted Workers Directive Abby Semple6. Competition and State Aid Implications of ‘Public’ Minimum Wage Clauses in EU Public Procurement after RegioPost Albert Sánchez-Graells7. Public Procurement and Business for Value: Looking for Alignment in Law and Practice Nina BoegerPart III: Labour Law Perspectives of Social Smart Procurement in the EU8. The Operation of Labour Law as the Exception: The Case of Public Procurement Lisa Rodgers9. Government as a Socially Responsible Market Actor After RegioPost ACL Davies10. Fair’s Fair: Public Procurement, Posting and Pay Catherine Barnard11. Collective Bargaining and Social Dumping in Posting and Procurement: What Might Come from Recent Court of Justice Case Law and the Proposed Reform of the Posted Workers Directive? Tonia NovitzPart IV: Perspectives on Social Smart Procurement Beyond the EU12. RegioPost and Labour Rights Conditionality: Comparing the EU Procurement Regime with the WTO Government Procurement Agreement Maria Anna Corvaglia13. A View from Outside the EU: UNCITRAL’s Approach to Balancing Economic and Social Considerations in Public Procurement Caroline Nicholas

[T]he book is an interesting example of how a few cases from the ECJ can have an impact on EU law as well as on national law in so many aspects. Generally, the book is a good contribution to the discussion on the incorporation of labour standards, but it is an even better contribution to understanding the reasoning of the ECJ and can hence be read by anyone with an interest in EU law... the book is a significant input to the ongoing debate on the topic of the enforcement of labour standards in public procurement as well as from a general EU law perspective.