Sustainable Procurement: A Compliance Perspective of EU Public Procurement Law

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

This article analyses the conceptual link between law and compliance, exploring the different theories and types of compliance (corporate, State and regulatory) and how they can be found today within the EU legal public procurement framework. The analytical focus is on Directive 2014/24/EU and within it how sustainable requirements have increased the level of compliance required, particularly regulatory compliance. Compliance was already present in previous EU public procurement frameworks, but its extent on Directive 2014/24/EU leads the authors to consider the current legal framework as subject to substantial regulatory compliance obligations external to the process of procurement. In short, procurement has been transformed in a way to enforce regulatory obligations that are not intrinsic to the process of buying. This leads to the conclusion that questions such as the cost and trade offs from imposing compliance obligations to public and private bodies warrant further research, particularly at the legal, economic and political science intersection.
This article analyses the conceptual link between law and compliance, exploring the different theories and types of compliance (corporate, State and regulatory) and how they can be found today within the EU legal public procurement framework. The analytical focus is on Directive 2014/24/EU and within it how sustainable requirements have increased the level of compliance required, particularly regulatory compliance. Compliance was already present in previous EU public procurement frameworks, but its extent on Directive 2014/24/EU leads the authors to consider the current legal framework as subject to substantial regulatory compliance obligations external to the process of procurement. In short, procurement has been transformed in a way to enforce regulatory obligations that are not intrinsic to the process of buying. This leads to the conclusion that questions such as the cost and trade offs from imposing compliance obligations to public and private bodies warrant further research, particularly at the legal, economic and political science intersection.
LanguageEnglish
JournalEuropean Procurement & Public Private Partnership Law Review
Volume12
Issue number3
Pages239-252
Number of pages14
ISSN2194-7376
DOIs
StatePublished - 2017

Cite this

@article{812e5310809f4b6584f996c1aa4e6bb0,
title = "Sustainable Procurement: A Compliance Perspective of EU Public Procurement Law",
abstract = "This article analyses the conceptual link between law and compliance, exploring the different theories and types of compliance (corporate, State and regulatory) and how they can be found today within the EU legal public procurement framework. The analytical focus is on Directive 2014/24/EU and within it how sustainable requirements have increased the level of compliance required, particularly regulatory compliance. Compliance was already present in previous EU public procurement frameworks, but its extent on Directive 2014/24/EU leads the authors to consider the current legal framework as subject to substantial regulatory compliance obligations external to the process of procurement. In short, procurement has been transformed in a way to enforce regulatory obligations that are not intrinsic to the process of buying. This leads to the conclusion that questions such as the cost and trade offs from imposing compliance obligations to public and private bodies warrant further research, particularly at the legal, economic and political science intersection.",
author = "Pedro Telles and {\O}lykke, {Grith Skovgaard}",
year = "2017",
doi = "10.21552/epppl/2017/3/7",
language = "English",
volume = "12",
pages = "239--252",
journal = "European Procurement & Public Private Partnership Law Review",
issn = "2194-7376",
publisher = "Lexxion Verlagsgesellschaft mbH",
number = "3",

}

Sustainable Procurement : A Compliance Perspective of EU Public Procurement Law. / Telles, Pedro; Ølykke, Grith Skovgaard.

In: European Procurement & Public Private Partnership Law Review, Vol. 12, No. 3, 2017, p. 239-252.

Research output: Contribution to journalJournal articleResearchpeer-review

TY - JOUR

T1 - Sustainable Procurement

T2 - European Procurement & Public Private Partnership Law Review

AU - Telles,Pedro

AU - Ølykke,Grith Skovgaard

PY - 2017

Y1 - 2017

N2 - This article analyses the conceptual link between law and compliance, exploring the different theories and types of compliance (corporate, State and regulatory) and how they can be found today within the EU legal public procurement framework. The analytical focus is on Directive 2014/24/EU and within it how sustainable requirements have increased the level of compliance required, particularly regulatory compliance. Compliance was already present in previous EU public procurement frameworks, but its extent on Directive 2014/24/EU leads the authors to consider the current legal framework as subject to substantial regulatory compliance obligations external to the process of procurement. In short, procurement has been transformed in a way to enforce regulatory obligations that are not intrinsic to the process of buying. This leads to the conclusion that questions such as the cost and trade offs from imposing compliance obligations to public and private bodies warrant further research, particularly at the legal, economic and political science intersection.

AB - This article analyses the conceptual link between law and compliance, exploring the different theories and types of compliance (corporate, State and regulatory) and how they can be found today within the EU legal public procurement framework. The analytical focus is on Directive 2014/24/EU and within it how sustainable requirements have increased the level of compliance required, particularly regulatory compliance. Compliance was already present in previous EU public procurement frameworks, but its extent on Directive 2014/24/EU leads the authors to consider the current legal framework as subject to substantial regulatory compliance obligations external to the process of procurement. In short, procurement has been transformed in a way to enforce regulatory obligations that are not intrinsic to the process of buying. This leads to the conclusion that questions such as the cost and trade offs from imposing compliance obligations to public and private bodies warrant further research, particularly at the legal, economic and political science intersection.

UR - https://sfx-45cbs.hosted.exlibrisgroup.com/45cbs?url_ver=Z39.88-2004&url_ctx_fmt=info:ofi/fmt:kev:mtx:ctx&ctx_enc=info:ofi/enc:UTF-8&ctx_ver=Z39.88-2004&rfr_id=info:sid/sfxit.com:azlist&sfx.ignore_date_threshold=1&rft.object_id=2670000000406286&rft.object_portfolio_id=&svc.holdings=yes&svc.fulltext=yes

U2 - 10.21552/epppl/2017/3/7

DO - 10.21552/epppl/2017/3/7

M3 - Journal article

VL - 12

SP - 239

EP - 252

JO - European Procurement & Public Private Partnership Law Review

JF - European Procurement & Public Private Partnership Law Review

SN - 2194-7376

IS - 3

ER -