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

Legislative framework of green public procurement

and Europeanisation of the Slovak practice

Assistant professor Tomáš MALATINEC

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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

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. European Union legislation on public

procurement aims at opening to competition

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of procedures for awarding public

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Tomáš Malatinec - Department of Regional Science and Management, Faculty of Economics,

Technical University of Košice, Slovakia, tomas.malatinec@tuke.sk.

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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.

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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.,