Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Sanchez-Graells, Albert --- "Public procurement and core human rights: a sketch of the European Union legal framework" [2019] ELECD 1137; in Martin-Ortega, Olga; Methven O'Brien, Claire (eds), "Public Procurement and Human Rights" (Edward Elgar Publishing, 2019) 96

Book Title: Public Procurement and Human Rights

Editor(s): Martin-Ortega, Olga; Methven O’Brien, Claire

Publisher: Edward Elgar Publishing

Section: Chapter 6

Section Title: Public procurement and core human rights: a sketch of the European Union legal framework

Author(s): Sanchez-Graells, Albert

Number of pages: 19

Abstract/Description:

The 2014 EU rules on public procurement arguably create regulatory space for the implementation of ‘core’ human rights oriented public procurement policies. This chapter discusses the main constraints for the inclusion of ‘core’ human rights-related considerations in the procurement process through the following instruments: exclusion grounds; use of labels; award criteria and award constraints; rejection of abnormally low tenders; and contract performance requirements. The chapter offers a sceptical view of the effectiveness of any of these mechanisms due to policy fuzziness and significant resource constraints. It further queries the desirability of ‘core’ human rights oriented procurement due to the implicit trade-offs it creates against the general effectiveness of the procurement function.