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.
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Pushing the Discussion after RegioPost
Produktdetaljer
ISBN
9781509912827
Publisert
2017
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter