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№ 2 (134) (2023)
Articles

The social objectives of EU public procurement law – evolution or revolution

PDF (Английский)
  • Joanna Florecka
Joanna Florecka
Institute of Law Studies, Polish Academy of Sciences, Poland

Опубликован 2023-03-25

Ключевые слова

  • European Union Law,
  • CJEU Case Law,
  • EU Secondary Legislation,
  • Economic Goals

Copyright (c) 2023 Contemporary Central & East European Law

Лицензия Creative Commons

Это произведение доступно по лицензии Creative Commons «Attribution» («Атрибуция») 4.0 Всемирная.

Как цитировать

The social objectives of EU public procurement law – evolution or revolution. (2023). Contemporary Central & East European Law, 2 (134), 43–61. https://doi.org/10.37232/cceel.2023.02

Аннотация

The article traces the evolution of the goals of public procurement procedures in European Union law. It examines EU secondary legislation along with its interpretation in the case law of the Court of Justice of the European Union (CJEU) from the 1970s onwards. Firstly, the article presents the EU law from the 1970s to the 1990s, when the coordination of public procurement procedures in the EU focused almost exclusively on economic objectives, such as opening up procurement to competition and ensuring the free movement of goods and the provision of services. Secondly, it examines the shift observed in the 2004 directives and relevant CJEU case law which started viewing procurement procedures as a tool for pursuing non-economic goals, such as social objectives, though this was only moderately reflected in EU law at the time. The final part of the article discusses the provisions of the current 2014 directives. The conclusions highlight a gradual shift in EU public procurement goals, evolving from purely economic objectives to include other goals, such as social objectives.

PDF (Английский)

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