The Green Paper on the modernization of public procurement policy of the EU: Towards a socially-concerned market or towards a market-oriented society?

The Green Paper on the modernization of public procurement policy of the European Union launched a reflection on how such EU rules can contribute to fulfill the objectives proposed in the Europe 2020 strategy. This paper analyzes its proposals and identifies its inconsistencies. In particular, it is... Deskribapen osoa

Egile nagusia: Losada Fraga, Fernando
Formatua: Artikulua
Hizkuntza: Ingelesa
Argitaratua: Instituto Internacional de Sociología Jurídica de Oñati = The Oñati International Institute for the Sociology of Law 2012
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Sarrera elektronikoa: http://dialnet.unirioja.es/servlet/oaiart?codigo=3952977
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Laburpena: The Green Paper on the modernization of public procurement policy of the European Union launched a reflection on how such EU rules can contribute to fulfill the objectives proposed in the Europe 2020 strategy. This paper analyzes its proposals and identifies its inconsistencies. In particular, it is stressed how European integration has subverted the order of priorities in public procurement rules, upgrading the promotion of the free market to the top of the list. An economistic approach to the legal issue of public procurement seems to be the reason behind such reorganization of priorities. The conflict between political and economic rationalities, which underlies the Green Paper, gives rise to a number of questions, such as how targets other than free competition � mainly the social and environmental ones � shall be taken into account in public procurement; as well as to some proposals, for instance concerning the joint procurement by different administrations (in both the vertical and horizontal sense, and even encouraging a cross-border component), which seems to point to a reorganization of bureaucracy according to economic rationality. The paper, in a final step, aims at describing the (European) social model that implicitly underlies these proposals.