Ecological factors in public procurement and corporate sustainability policies

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Abstract

European Institutions and scholars are reflecting upon the nature of the requirements that are or can be used to implement sustainability through Public Procurement. As far as public organisations are concerned, the Portuguese government's actions are in the same wavelength as the European guidelines on the matter. Public procurement involves economic operators. Thus, it is important to try to understand if the European Union proposal for a directive on "Corporate Sustainability Due Diligence" is an interesting tool in the discussion. Recently, the Portuguese Council of Ministers issued Resolution no. 132/2023, of 25 October, defining the ecological criteria applicable to certain kinds of contracts and products, goods and services concerning some administrative bodies, a Resolution which, nevertheless, is prone to criticism. May the shift of the European Union Public Procurement paradigm help implement Sustainable Public Procurement through mandatory requirements? Can the future Directive help economic operators align with contracting authorities to implement Sustainable Public Procurement? Might the obligation to include environmental factors help fulfil the Directive's due diligence obligations? And, lastly, has Portugal taken the right step with the issuance of Resolution no. 132/2023?.
Original languageEnglish
Article number5
Pages (from-to)83-97
Number of pages15
JournalJuridical Tribune - Review of Comparative and International Law3008-637X
Volume14
Issue number1
Publication statusPublished - Mar 2024

Keywords

  • Ecological factors
  • Corporate sustainability responsibility
  • Paradigm shift
  • Sustainable public procurement
  • Mandatory requirements
  • Voluntary requirements

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