Coordinating public procurement to support EU objectives – a first step? The case of exclusions for serious criminal offences

doi:10.1017/CBO9780511576041.015

12 - Coordinating public procurement to support EU objectives – a first step? The case of exclusions for serious criminal offences

Published online by Cambridge University Press: 06 September 2009

Sope Williams

Edited by

Sue Arrowsmith and

Peter Kunzlik

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Sue Arrowsmith: Affiliation:
University of Nottingham
Peter Kunzlik: Affiliation:
City University London

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Summary

Introduction

As chapter 1 explained, the main effect of the procurement directives on horizontal policies in public procurement is to restrict Member States' discretion to pursue their own policies because of the effect such policies have on trade. As discussed in earlier chapters, in particular in chapter 4, there is much debate over whether some of these restrictions can be justified, and some commentators argue that Member States should enjoy broader powers to pursue horizontal policies. This argument can be made both for policy areas of concern to the EU itself, and for areas of purely national concern.

In addition, as chapter 1 elaborated (in section 5.3), there have been calls for the EU not only to provide Member States with more freedom, but also itself to harness the power of public procurement in a proactive way to support the EU's own policies, and some steps have now been taken in this direction.

In this respect the 2004 procurement directives constituted a ‘first’ in including two sets of provisions that do this for the first time. One set of provisions is that requiring procuring entities to consider issues of accessibility for all users, including disabled persons, in designing specifications. This is considered further in chapter 7 on disability issues.

Type: Chapter
Information: Social and Environmental Policies in EC Procurement Law
New Directives and New Directions
, pp. 479 - 498

DOI: https://doi.org/10.1017/CBO9780511576041.015 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2009

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