Legislative framework of green public procurement and Europeanisation of the Slovak practice

Author:Tomás Malatinec
Position:Department of Regional Science and Management, Faculty of Economics Technical University of Kosice, Slovakia
Pages:95-107
SUMMARY

Concept of green public procurement is promoted by the European Union and it is a voluntary tool applicable in public administration that can bring environmental, social and economic benefits both at European and national level. The paper analyses EU and Slovak legislative framework of the green public procurement and Europeanisation of the Slovak practice. Normative analyses was used as a method ... (see full summary)

 
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Legislative framework of green public procurement
and Europeanisation of the Slovak practice
Assistant professor Tomáš MALATINEC
1
Abstract
Concept of green public procurement is promoted by the European Union and it is
a voluntary tool applicable in pub lic administration that can bring environmental, social
and economic benefits both at European and national level. The paper analyses EU and
Slovak legislative framework of the green public procurement and Europeanisation of the
Slovak practice. Normative an alyses was used as a method to assess the current EU and
Slovak legal norms regulating the concept of green public procurement and mutual
interconnections have been identified between European and Slovak legal institutes. The
findings show that the Slovak republic already has initial experience with green public
procurement implementation and the impact of the EU had been p roven. Directives
dominate as legal acts in the EU legal framework of green public procurement. The EU
legislative framework is based especially on a possibility to implement the concept of green
public procurement. However, obligatory norms are gradually being promoted. This fact
can predict p rogressive change de lege ferenda and the need for flexible adap tation of
public administration systems in the Member states. Evidence from the Slovak practice
shows direct transposition of provisions and further development of green public
procurement with the focus on the Slovak priorities.
Keywords: green public procurement, legislative framework, Europeanisa tion.
JEL Classification: K32, Q58
1. Concept of green public procurement
Public procurement the government`s activity of purchasing goods and
services it needs to carry out its functions is a subject of growing interest. Public
procurement is the process whereby government bodies purchase from the market
goods, works and services that they need
2
. European Union legislation on public
procurement aims at opening to competition
3
of procedures for awarding public
1
Tomáš Malatinec - Department of Regional Science and Management, Faculty of Economics,
Technical University of Košice, Slovakia, tomas.malatinec@tuke.sk.
2
Sue Arrowsmith - Peter Kunzlik, Social and Environmental Policies in EC Procurement Law: New
Directives and New Directions, Cambridge University Press, 2009, 509 p.; For the history of public
procurement regulations at EU level, see Cătălin-Silviu Săraru, Drept administrativ. Probleme
fundamentale ale dreptului public, C.H. Beck Publishing House, Bucharest, 2016, p. 172-180;
Cătălin-Silviu Săraru, Administrative Contracts in the European Union Law in Cătălin-Silviu
Săraru (ed.), Contemporary Challenges in the Business Law, ADJURIS, Bucharest, 2017, p. 33-42.
(http://www.adjuris.ro/images/Contemporary%20Challenges%20in % 20the%20% 20Business%
20Law.pdf) consulted on 25.08.2017.
3
The existence of a functioning market economy requires, along with the free movement of goods,
persons, services and capital, an undistorted competitive environment - for details see Dinu, V.,

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