Modernising Public Procurement
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Modernising Public Procurement

The Approach of EU Member States

Edited by Steen Treumer and Mario Comba

Modernising Public Procurement offers an in-depth analysis of the recent implementation of the Public Procurement Directive. The analysis is based on the experiences of twelve Member States including the United Kingdom, Germany, France, Italy, Spain and Poland. Within this work, Steen Treumer and Mario Comba alongside first-class experts in the field of public procurement law, focus on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable.
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Chapter 11: Transposition of Directive 2014/24/EU in Spain: between EU demands and national peculiarities

Patricia Valcárcel Fernández

Abstract

The Swedish Public Procurement Act came into force on 1 January 2017. When implementing the EU procurement directives, much focus was placed on the new opportunities for social considerations in public procurement, in particular the possibility of imposing different labour conditions. There was an extensive political debate in the Swedish parliament. The current Swedish government is a social democratic minority government and the opposition, which is conservative, opposed the proposed legislation. It considered that the drafting of the draft law violated Union legislation, and in particular the articles of the Posted Workers Directive. The Swedish government was therefore forced to back down and amend the proposal; this amendment was then accepted by the Parliament. The provisions on labour conditions were therefore introduced in the Swedish Public Procurement Act five months after the law came into force, on 1 June 2017. The provisions on labour conditions are now more consistent with Union legislation.

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