Mandatory Sustainability Requirements in EU Public Procurement Law: Reflections on a Paradigm Shift

Mandatory Sustainability Requirements in EU Public Procurement Law – Reflections on a Paradigm Shift edited by SAPIENS Network Coordinator Prof. Roberto Caranta and Prof. Willem A. Janssen is out. 

In the European public procurement regime, the rules predominantly focused on ‘how to buy,’ leaving the decision of ‘what to buy’ to the discretion of public buyers guided by the principles of public procurement. This approach extends to the incorporation of green and social considerations, known as sustainable public procurement (SPP). However, the challenges of our time demand a shift in perspective towards mandatory sustainable public purchasing. The EU is a pioneer in this paradigm shift which is driven not only by a commitment to sustainable development goals but also by the urgent need to combat climate change. Published by Hart (part of the Bloomsbury Group), this work represents a pioneering exploration of a crucial evolution in procurement practices.

Central to this discussion are the EU Public Procurement Directives and various sectoral legislative instruments that have been revised or newly introduced in line with the objectives pursued by the European Green Deal. This book seeks to illuminate these developments, examining them from diverse perspectives and complementing the analysis by focusing on sectoral studies on transport, food, clothing and construction, along with the experiences of different member states.

The book consists of four parts:

Part 1: Foundations of the Paradigm Shift – Towards Mandatory Sustainability Requirements in EU Public Procurement

Part 2: Sectoral Scrutiny – Mandatory Sustainability Requirements in Current and Future EU (Sectoral) Regulation

Part 3: Member State Experiences – Mandatory Sustainability Requirements on the Member State Level

Part 4: Future Perspectives – The Future of Sustainable Public Procurement

SAPIENS Contributions

Several SAPIENS Lead researchers and Early-Stage Researchers (ESRs) have made significant contributions to this book as part of their research conducted within the Network. These contributions span various critical aspects of sustainable public procurement:

Our Lead researcher Marta Andhov, along with ESR Federica Muscaritoli, contributed to the book with their chapter titled “Climate Change and Public Procurement: Are We Shifting the Legal Discourse?” In this chapter, the authors investigate the role of public procurement as a powerful strategic tool in climate change mitigation. They emphasise the importance of going beyond Green Public Procurement (GPP) by focusing on Low Emission Public Procurement (LEPP) and why it is important to establish it as a separate concept.

Our ESR Enrique Carreras and Lead Researcher Davide Vannoni explore a much under-researched perspective on SPP: “Mandatory Requirements in Sustainable Public Procurement: The Economic Perspective”. Their contribution analyses the theoretical and empirical literature on the use of “mandatory rules vs discretion” in SPP policy. By focusing on different practices in different jurisdictions, Carreras and Vannoni investigate whether different SPP policies are empirically supported.

SAPIENS Lead Researcher Malgorzata Koszewska and former ESR Jeanne Svensky Ligte join the book with a sectoral perspective through their chapter titled “Textiles and Clothing: Mandatory Social Requirements as the Way Forward?”. In their contribution, the authors assess the current status and the future of mandatory SPP requirements in the textile and clothing industries. With examples taken from different member states, the chapter concludes with recommendations concerning mandatory social requirements in the sector supported by policy guidance.

Lastly, Roberto Caranta, along with his co-editor Willem A. Janssen share their reflections on the future of mandatory SPP. They conclude that 

On November 9, 2023, the editors of the book, together with Marta Andhov, will take part in the Circus webinar series on the Legal Landscape of Circular Supply Chains. In this webinar, the discussants will focus on the move towards mandatory SPP and circular economy based on the analysis and conclusions of the edited book.