1. Continuing the SAPIENS Policy Brief Series with a focus on human rights

The brief written by Laura Treviño-Lozano is based on findings from forty semi-structured interviews conducted with public buyers and experts in Spain from February to July 2023, explores the integration of social criteria into procurement practice, as mandated by the EU Procurement Directive 2014/24 and Spanish Law 9/2017. It shows how law is reflected in practice. Despite the legal frameworks in place, it reveals a significant gap in implementation, largely due to the lack of a consolidated legal support system at EU, national, and local levels.

1. Insights from the Policy Brief

Problem statement

In the complex interplay of global commerce, public procurement emerges as both a potential perpetuator and a critical solution to the pervasive issue of labor rights abuses in global supply chains. This policy brief examines how public bodies are integrating social criteria aimed to combat these abuses in their procurement practices. Rooted in comprehensive research on Spain’s procurement practices, this brief not only sheds light on local challenges and solutions but also casts a wider net on implications for the entire European Union.

How does this research contribute?

The study underpinning this policy brief shows the following findings:

1. Social criteria are voluntary rather than mandatory
2. Social criteria have a local, rather than a global scope
3. Social criteria have no differentiated approach according to the type of contract
4. Social criteria’s link to the subject matter is not clearly established
5. Monitoring the contract has little regulation
6. Means of verification for monitoring are few and weak

Policy recommendation

The results point out to secondary legislation as a potential solution. To learn more about these results and the suggested recommendations for policy makers to cover the existing legal gaps download the complete policy brief.