In this paper, I sketch the main mechanisms for the implementation of a 'core' human rights-orientated public procurement policy foreseen in the 2014 EU Public Procurement Package. I discuss the main constraints for the inclusion of human rights-related considerations in the procurement process through the following instruments: exclusion grounds; use of labels; award criteria; and contract performance requirements. I conclude by offering a skeptical view of the effectiveness of any of these mechanisms due to policy fuzziness and significant resource constraints, and query their desirability due to the implicit trade-offs they impose on the general effectiveness of the procurement function.
|Publisher||School of Law, University of Bristol|
|Number of pages||15|
|Publication status||Published - Jan 2018|
|Name||Law Research Papers|
|Publisher||University of Bristol Law School|
Sanchez Graells, A. (2018). Public Procurement and ‘Core’ Human Rights: A Sketch of the EU Legal Framework. (pp. 1). (Law Research Papers; Vol. 2018, No. 3). School of Law, University of Bristol. http://bristol.ac.uk/media-library/sites/law/Jan18%20research%20paper%203%20Sanchez%20MERGED.pdf