1. Sustainable Public Procurement: From the International Agenda to Actual Buying Practices

Aura Iurascu’s research on public procurement and circular economy focuses on the EU and Member States level. However, the relevance of the international context and global commitments cannot be overlooked. The latter depicts clear and valuable elements to understand better points of connection and differentiation across various legal systems.

In this working paper, our ESR3 engages in a comparative analysis of the EU and South African legislative approaches to public procurement concerning the transition to a more circular economy. The contribution to legal scholarship stands in its ambition to use comparative research to learn from different approaches and contribute to a better understanding of legal systems in such a circular transition. The working paper is organised as follows. First, it emphasises the relevance of the circular economy both in the EU and in South Africa; it investigates both legal systems and legislative approaches to public procurement and circular economy to uncover the primary enablers and barriers; finally, it discusses the main comparative elements and brings some suggestions and concluding remarks.

2.  Working Paper Abstract

The political agenda of the European Union considers the circular economy (CE) as a frontrunner tool to achieve sustainability goals. On the same page, the government of South Africa is aware of the significance of the CE in establishing a resource-efficient, low-carbon, and internationally competitive economy. As the systems mentioned above are developing both concurrent and overlapping legal schemes when combining circular economy matters and public purchasing, the contribution of this paper lies in the scrutiny of the current understanding of circularity and procurement in the given legal schemes. This new economic model tends to replace the previously dominant linear economy based on the “take-make-use-dispose” model of production and consumption and to minimise waste production. The potential of the CE in public procurement is self-evident: public purchasing represents at least 14 to 20% of the EU and South African GDP, respectively.

Moreover, implementing circularity in public procurement can be an effective tool to achieve SDGs 12&13. Regrettably, the legal framework for circular procurement and the underpinning principles still need to be sorted out. Academic work, case law, and practitioners’ views collide and create uncertainty, risking and compromising the rapid achievement of the sustainable objectives established.

This paper aims to give a legal response to the current disorganised view on circular economy and procurement and its placement within the sustainable goals of public procurement law. EU’s and South Africa’s primary legal sources are analysed and compared. The cross-analysis set the current scene in the two investigated scenarios, determine the most effective legal practices, and provide suggestions for further development in addressing the global emergency. The paper argues that whereas CE can and should be embedded in public purchasing, legal systems present hindrances that might undermine its full potential. However, while waiting for new interventions to be enforced, founding and constitutionalised principles should suffice to steer public entities to lead by example and take distance from brute economic efficiency behaviour.