Public Procurement And Labour Rights

Author : Maria Anna Corvaglia
Publisher : Bloomsbury Publishing
Page : 255 pages
File Size : 47,5 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781782259046

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Public Procurement and Labour Rights by Maria Anna Corvaglia Pdf

This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.

Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 40,6 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509912810

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Smart Public Procurement and Labour Standards by Albert Sánchez Graells Pdf

Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.

Author : Olga Martin-Ortega,Claire Methven O’Brien
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 40,9 Mb
Release : 2019
Category : Law
ISBN : 9781788116312

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Public Procurement and Human Rights by Olga Martin-Ortega,Claire Methven O’Brien Pdf

This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.

Author : International Labour Office
Publisher : International Labour Organization
Page : 160 pages
File Size : 51,8 Mb
Release : 2008
Category : Labor contract
ISBN : 9221194841

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Labour Clauses in Public Contracts by International Labour Office Pdf

Author : Albert Sanchez-Graells
Publisher : Hart Publishing
Page : 312 pages
File Size : 50,6 Mb
Release : 2020-06-25
Category : Law
ISBN : 1509939504

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Smart Public Procurement and Labour Standards by Albert Sanchez-Graells Pdf

Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.

Author : Olga Martin-Ortega,Claire Methven O'Brien
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2019
Category : Government purchasing
ISBN : 1788116305

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Public Procurement and Human Rights by Olga Martin-Ortega,Claire Methven O'Brien Pdf

This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.

Author : Christopher McCrudden
Publisher : OUP Oxford
Page : 736 pages
File Size : 47,6 Mb
Release : 2007-09-13
Category : Law
ISBN : 9780191566578

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Buying Social Justice by Christopher McCrudden Pdf

Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often made by economists - on the grounds of inefficiency - and lawyers - on the grounds of free competition and international economic law. Buying Social Justice analyses how governments in developed and developing countries use their contracting power in order to advance social equality and reduce discrimination, and argues that this approach is an entirely legitimate, and efficient means of achieving social justice. The book looks at the different experiences of a range of countries, including the UK, the USA and South Africa. It also examines the impact of international and regional regulation of the international economy, and questions the extent to which the issue of procurement policy should be regulated at the national, European or international levels. The role of EC and WTO law in mediating the tensions between the economic function of procurement and the social uses of procurement is discussed, and the outcomes of controversies concerning the legitimacy of the integration of social values into procurement are analysed. Buying Social Justice argues that European and international legal regulation of procurement has become an important means of accentuating the positive and eliminating the negative in both the social and economic uses of procurement.

Author : Paul Emanuelli
Publisher : Unknown
Page : 1552 pages
File Size : 48,8 Mb
Release : 2016
Category : Government purchasing
ISBN : 043347453X

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Government Procurement by Paul Emanuelli Pdf

Author : Amy Ludlow
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 50,8 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782255925

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Privatising Public Prisons by Amy Ludlow Pdf

Successive UK governments have pursued ambitious programmes of private sector competition in public services that they promise will deliver cheaper, higher quality services, but not at the expense of public sector workers. The public procurement rules (most significantly Directive 2004/18/EC) often provide the legal framework within which the Government must deliver on its promises. This book goes behind the operation of these rules and explores their interaction with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); regulations that were intended to offer workers protection when their employer is restructuring his business. The practical effectiveness of both sources of regulation is critiqued from a social protection perspective by reference to empirical findings from a case study of the competitive tendering exercise for management of HMP Birmingham that was held by the National Offender Management Service (NOMS) between 2009 and 2011. Overall, the book challenges the Government's portrayal of competition policies as self-evident sources of improvement for public services. It highlights the damage that can be caused by competitive processes to social capital and the organisational, cultural and employment strengths of public services. Its main conclusions are that prison privatisation processes are driven by procedure rather than aims and outcomes and that the complexity of the public procurement rules, coupled with inadequate commissioning expertise and organisational planning, can result in the production of contracts that lack aspiration and are insufficiently focused upon improvement or social sustainability. In sum, the book casts doubt upon the desirability and suitability of using competition as a policy mechanism to improve public services.

Author : OECD
Publisher : OECD Publishing
Page : 100 pages
File Size : 52,6 Mb
Release : 2020-12-22
Category : Electronic
ISBN : 9789264673540

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Integrating Responsible Business Conduct in Public Procurement by OECD Pdf

Society has become increasingly aware of environmental and human rights-related risks in global supply chains in recent years. Public procurement can make a positive contribution to economic, environmental and social progress. This report takes stock of current practices integrating responsible business conduct (RBC) in public procurement and identifies possible avenues to increase the impact of public procurement strategies to promote responsible business conduct objectives.

Author : Yossi Dahan,Hanna Lerner,Faina Milman-Sivan
Publisher : Cambridge University Press
Page : 313 pages
File Size : 50,5 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781107087873

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Global Justice and International Labour Rights by Yossi Dahan,Hanna Lerner,Faina Milman-Sivan Pdf

Presents innovative perspectives on the moral and legal obligations of individuals and institutions toward workers in the global era.

Author : Beate Sjåfjell,Anja Wiesbrock
Publisher : Cambridge University Press
Page : 269 pages
File Size : 55,6 Mb
Release : 2015-12-03
Category : Business & Economics
ISBN : 9781107129641

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Sustainable Public Procurement Under EU Law by Beate Sjåfjell,Anja Wiesbrock Pdf

This book evaluates the 2014 EU public procurement law reform from a sustainability perspective.

Author : Anne Schmidt
Publisher : Nomos Verlag
Page : 609 pages
File Size : 47,5 Mb
Release : 2017-06-28
Category : Law
ISBN : 9783845279022

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Public Procurement Law and Reform in Developing Countries: International Best Practices and Lessons Learned by Anne Schmidt Pdf

Das Buch bietet einen breiten Überblick über best practices und lessons learned im öffentlichen Auftragsvergaberecht und deren Reform in Entwicklungsländern. Das Werk richtet sich vor allem an Studenten, Wissenschaftler und Experten, die sich über das öffentliche Auftragswesen und insbesondere Recht und Reform auf diesem Gebiet informieren möchten. Aber auch Praktiker, die für die erfolgreiche Umsetzung des Rechts verantwortlich sind und alle an Reformprozessen des öffentlichen Auftragsvergaberechts Beteiligten können von der Lektüre profitieren. Neben einer umfassenden Analyse der wichtigsten internationalen und ausgewählter nationaler Auftragsvergaberechtsinstrumenten - darunter das GPA, das UNCITRAL Modellgesetz und das Südafrikanische System - liefert die Fallstudie Namibia nützliche Einblicke in rechtliche aber auch praktische Probleme bei der Einführung und Durchsetzung des öffentlichen Auftragsvergaberechts in Entwicklungsländern.

Author : Steen Treumer,Mario Comba
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 42,9 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781788114547

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Modernising Public Procurement by Steen Treumer,Mario Comba Pdf

This topical book offers an in-depth analysis of the recent implementation of the Public Procurement Directive, based on the experiences of 12 Member States including France, Germany, Italy, Poland, Spain and the United Kingdom.The contributions from first-class public procurement law experts offer an informed and comparative analysis of the recent implementation of the Public Procurement Directive, as well as focussing on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable. Vitally, the chapters also consider national preparatory works as a legal source and their interesting role in the implementation of the Directive including its Preamble. Attention is also given to the implementation of some of the most important novelties in the Directive such as the exclusion grounds, the competitive procedure with negotiation and contract changes.Modernising Public Procurement will be important reading for practitioners and civil servants involved in the implementation of public procurement law. Academics, researchers, politicians, judges and members of complaints boards in the field of public procurement law will also find this book a stimulating read.

Author : Olga Martin-Ortega,Laura Treviño-Lozano
Publisher : Edward Elgar Publishing
Page : 285 pages
File Size : 48,7 Mb
Release : 2023-03-02
Category : Law
ISBN : 9781802205510

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Sustainable Public Procurement of Infrastructure and Human Rights by Olga Martin-Ortega,Laura Treviño-Lozano Pdf

This innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services.