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EU PUBLIC PROCUREMENT LAW - Can sustainability lawfully limit competition?

Nistor, Mihaela Adelina LU (2022) HARN63 20221
Department of Business Law
Abstract (Swedish)
This thesis has as a purpose the investigation of sustainable requirements
compliance with regards to competition in public procurement contracts. This
paper looks into Directive 2014/24 and notably its primary law influence in order
to understand the legal foundations underlying sustainability and competition. It
showcases, firstly, that Article 18(1) wording and legal interpretation provides a
legal compliance of sustainable requirements if they remain in accordance with
the fundamental principles of procurement law and therefore, can lawfully reduce
competition. It also highlights that the primary sources of law (Art. 52 TFEU)
provide for the exemption an 'overriding reasons in the public interest,' which
sustainability... (More)
This thesis has as a purpose the investigation of sustainable requirements
compliance with regards to competition in public procurement contracts. This
paper looks into Directive 2014/24 and notably its primary law influence in order
to understand the legal foundations underlying sustainability and competition. It
showcases, firstly, that Article 18(1) wording and legal interpretation provides a
legal compliance of sustainable requirements if they remain in accordance with
the fundamental principles of procurement law and therefore, can lawfully reduce
competition. It also highlights that the primary sources of law (Art. 52 TFEU)
provide for the exemption an 'overriding reasons in the public interest,' which
sustainability measures could be part of, and therefore requiring a higher legal
constraint than competition. In the same way, case law elaborates on the general
principles of public procurement as deemed to be respected and are the ones
highlighted when assessing the impact of sustainability. Finally, this paper
provides for a broader perspective of sustainability compliance in the Member
States and their various character with jurisdictions like Scotland making
sustainability increasingly binding while some like Hungary only constrain
competition. (Less)
Please use this url to cite or link to this publication:
author
Nistor, Mihaela Adelina LU
supervisor
organization
course
HARN63 20221
year
type
H1 - Master's Degree (One Year)
subject
keywords
public procurement, sustainability, public procurement law, open competition
language
English
id
9091089
date added to LUP
2022-06-20 13:29:33
date last changed
2022-06-20 13:29:33
@misc{9091089,
  abstract     = {{This thesis has as a purpose the investigation of sustainable requirements
compliance with regards to competition in public procurement contracts. This
paper looks into Directive 2014/24 and notably its primary law influence in order
to understand the legal foundations underlying sustainability and competition. It
showcases, firstly, that Article 18(1) wording and legal interpretation provides a
legal compliance of sustainable requirements if they remain in accordance with
the fundamental principles of procurement law and therefore, can lawfully reduce
competition. It also highlights that the primary sources of law (Art. 52 TFEU)
provide for the exemption an 'overriding reasons in the public interest,' which
sustainability measures could be part of, and therefore requiring a higher legal
constraint than competition. In the same way, case law elaborates on the general
principles of public procurement as deemed to be respected and are the ones
highlighted when assessing the impact of sustainability. Finally, this paper
provides for a broader perspective of sustainability compliance in the Member
States and their various character with jurisdictions like Scotland making
sustainability increasingly binding while some like Hungary only constrain
competition.}},
  author       = {{Nistor, Mihaela Adelina}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{EU PUBLIC PROCUREMENT LAW - Can sustainability lawfully limit competition?}},
  year         = {{2022}},
}