Ever-Growing Restrictions on Whom Public Buyers Can Contract with – Contemporary Developments in the EU Public Procurement

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Abstract

This blog examines the ever-growing catalogue of restrictions on who can participate in the EU public procurement market and, consequently, with whom the public buyer (the contracting authority) cannot contract. We start by showcasing how freedom of contracting – one of the fundamental principles of contract law – is limited in the context of public procurement (section 1). Next, we look outside of EU Public Procurement Directives to sources of additional restrictions. These represent a clear reaction to contemporary challenges and include Sanctions Against Russia (section 2), Foreign Subsidies Regulation and International Procurement Instrument (section 3), Deforestation-Free Products Regulation and the Proposal for an Anti-Greenwashing Directive (section 4). Finally, we provide some conclusions.
Original languageEnglish
Publication date15 Jun 2023
Publication statusPublished - 15 Jun 2023

Keywords

  • Faculty of Law
  • foreign subsidies
  • public procurement
  • freedom to contract
  • Contract law
  • deforestation free products
  • anti green washing

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