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Smart Public Procurement and Labour Standards - Pushing the Discussion after RegioPost (Hardcover)
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Smart Public Procurement and Labour Standards - Pushing the Discussion after RegioPost (Hardcover)
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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 Ruffert 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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