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Public procurements and social clauses after the Laval quartet some comparative remarks

Fusco, Federico LU (2017) 4th international seminar on international and comparative labour law
Abstract
Among all the different ways used by the social State to promote higher labour standards the public procurements have always played an important role. Exploiting them economic attractiveness, in fact, most Countries used to insert in them several types of social clauses, so to oblige the awarded tenderer to grant a broad series of rights to the employees involved in the execution of the procurement.

This practice, however, raises some important legal issues when facing the EU competition law, especially after the so called “Laval quartet”: impose to a tenderer from another member State to apply higher working conditions than the minimal compulsory one due in accordance with the host State’s law is, in fact, an illegal restriction... (More)
Among all the different ways used by the social State to promote higher labour standards the public procurements have always played an important role. Exploiting them economic attractiveness, in fact, most Countries used to insert in them several types of social clauses, so to oblige the awarded tenderer to grant a broad series of rights to the employees involved in the execution of the procurement.

This practice, however, raises some important legal issues when facing the EU competition law, especially after the so called “Laval quartet”: impose to a tenderer from another member State to apply higher working conditions than the minimal compulsory one due in accordance with the host State’s law is, in fact, an illegal restriction of economic freedom. In Countries such as Italy or Sweden, where the “normal level” of a broad number of labour rights (including minimum wages) is settled in practice by the collective agreements, this creates some imbalances: if the collective agreement isn’t generally binding it cannot be equalized to the law and, therefore, its provisions cannot be imposed to foreign tenderers.

For this reason after the abovementioned cases several EU Countries where forced to change their approach to the matter of the links between public procurements and social clauses.

Moving from these consideration the present paper aims to offer an analysis of these changes, with a specific regard to the Italian and Swedish experiences. (Less)
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author
organization
publishing date
type
Contribution to conference
publication status
unpublished
subject
keywords
labour law, EU law, public procurement, social clause, Laval, competition law, comparative labour law
conference name
4th international seminar on international and comparative labour law
language
English
LU publication?
yes
id
31f678da-5943-4496-950a-08a499624151
date added to LUP
2017-09-11 14:46:44
date last changed
2017-09-18 11:35:13
@misc{31f678da-5943-4496-950a-08a499624151,
  abstract     = {Among all the different ways used by the social State to promote higher labour standards the public procurements have always played an important role. Exploiting them economic attractiveness, in fact, most Countries used to insert in them several types of social clauses, so to oblige the awarded tenderer to grant a broad series of rights to the employees involved in the execution of the procurement.<br/><br/>This practice, however, raises some important legal issues when facing the EU competition law, especially after the so called “Laval quartet”: impose to a tenderer from another member State to apply higher working conditions than the minimal compulsory one due in accordance with the host State’s law is, in fact, an illegal restriction of economic freedom. In Countries such as Italy or Sweden, where the “normal level” of a broad number of labour rights (including minimum wages) is settled in practice by the collective agreements, this creates some imbalances: if the collective agreement isn’t generally binding it cannot be equalized to the law and, therefore, its provisions cannot be imposed to foreign tenderers.<br/><br/>For this reason after the abovementioned cases several EU Countries where forced to change their approach to the matter of the links between public procurements and social clauses.<br/><br/>Moving from these consideration the present paper aims to offer an analysis of these changes, with a specific regard to the Italian and Swedish experiences.},
  author       = {Fusco, Federico},
  keyword      = {labour law,EU law,public procurement,social clause,Laval,competition law,comparative labour law},
  language     = {eng},
  title        = {Public procurements and social clauses after the Laval quartet some comparative remarks},
  year         = {2017},
}