The significant purchasing power of public contracting aligned with sustainable development has been acknowledged, especially within the framework of the Sustainable Development Goals (SDGs). In Europe, the legislative framework -Public Sector Directive- facilitates the use of public procurement for addressing the goals of sustainable development while regulating the award of public contracts to ensure the smooth functioning of the internal market. Additionally, through sectoral legislation at the supranational level and as well as public procurement legislation at the national level, contracting authorities are increasingly required to incorporate green and social requirements in the contracts they award. Current literature on the phenomenon of Sustainable Public Procurement (SPP) in Europe, predominantly focuses on which types of obligations can be incorporated into various criteria or on the so-called principle of sustainability in relation to other principles of procurement. Although the potential of SPP to deliver on its promises largely depends on what happens after the contract is concluded, the perspective of public contracts as contracts and their enforcement from the standpoint of SPP have not received enough attention. This thesis aims to address this gap by examining sustainability clauses incorporated in public contracts from the lens of contract law in light of the growing emphasis on the contractualisation of sustainability under the umbrella of transnational private regulation. The objective of this thesis is to investigate how sustainability can be enforced during the performance of a public contract under the Public Sector Directive. This thesis critically examines the enforcement of sustainability clauses in public contracts under the Public Sector Directive from a contract law perspective. In doing so, it addresses three core questions: (1) the regulation of contractual obligations in public contracts, (2) whether the Public Sector Directive provides distinct rules for sustainability clauses compared to business contracting, and (3) the extent to which contracting authorities are required to enforce these obligations during contract performance. Overall this thesis finds that contract management in public procurement is crucial not only for enforcing the obligations embedded within sustainability clauses but also for ensuring compliance with the principles underlying the harmonisation of the rules on the award of public contracts when sustainability clauses are incorporated in public contracts.

ENFORCING SUSTAINABILITY IN CONTRACT PERFORMANCE UNDER THE PUBLIC SECTOR DIRECTIVE(2024 Dec 13).

ENFORCING SUSTAINABILITY IN CONTRACT PERFORMANCE UNDER THE PUBLIC SECTOR DIRECTIVE

UYSAL, Ezgi
2024-12-13

Abstract

The significant purchasing power of public contracting aligned with sustainable development has been acknowledged, especially within the framework of the Sustainable Development Goals (SDGs). In Europe, the legislative framework -Public Sector Directive- facilitates the use of public procurement for addressing the goals of sustainable development while regulating the award of public contracts to ensure the smooth functioning of the internal market. Additionally, through sectoral legislation at the supranational level and as well as public procurement legislation at the national level, contracting authorities are increasingly required to incorporate green and social requirements in the contracts they award. Current literature on the phenomenon of Sustainable Public Procurement (SPP) in Europe, predominantly focuses on which types of obligations can be incorporated into various criteria or on the so-called principle of sustainability in relation to other principles of procurement. Although the potential of SPP to deliver on its promises largely depends on what happens after the contract is concluded, the perspective of public contracts as contracts and their enforcement from the standpoint of SPP have not received enough attention. This thesis aims to address this gap by examining sustainability clauses incorporated in public contracts from the lens of contract law in light of the growing emphasis on the contractualisation of sustainability under the umbrella of transnational private regulation. The objective of this thesis is to investigate how sustainability can be enforced during the performance of a public contract under the Public Sector Directive. This thesis critically examines the enforcement of sustainability clauses in public contracts under the Public Sector Directive from a contract law perspective. In doing so, it addresses three core questions: (1) the regulation of contractual obligations in public contracts, (2) whether the Public Sector Directive provides distinct rules for sustainability clauses compared to business contracting, and (3) the extent to which contracting authorities are required to enforce these obligations during contract performance. Overall this thesis finds that contract management in public procurement is crucial not only for enforcing the obligations embedded within sustainability clauses but also for ensuring compliance with the principles underlying the harmonisation of the rules on the award of public contracts when sustainability clauses are incorporated in public contracts.
13-dic-2024
37
DIRITTO, PERSONA E MERCATO
CARANTA, Roberto
File in questo prodotto:
File Dimensione Formato  
Ezgi Uysal thesis.pdf

embargo fino al 13/12/2027

Descrizione: Tesi
Dimensione 2.74 MB
Formato Adobe PDF
2.74 MB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/2043014
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact