Opportunities, Risks and Dilemmas for the State as Buyer
Edited by Olga Martin-Ortega and Claire Methven O’Brien
Chapter 6: Public procurement and core human rights: a sketch of the European Union legal framework
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.
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