SOCIAL CLAUSES IN THE IMPLEMENTATION OF THE 2014 PUBLIC PROCUREMENT DIRECTIVES With the financial support of the European Union (original) (raw)

Introduction Social clauses in French public procurement 2.1 Short description of the implementation process in France 2.2 Social clauses in the public procurement legislation 2.3 E-procurement 2.4 Conclusion Social clauses in German public procurementtowards a Post-Rüffert regime? 3.1 Introduction 3.2 German public procurement law after the implementation of the new EU procurement directives 3.3 Social clauses in German public procurement 3.3.1 Historical development of social clauses in German public procurement 3.3.2 The current national legal framework for social clauses 3.3.3 Social clauses in the regional procurement acts of German Federal States 3.3.4 Social clauses and subcontracting 3.4 Outlook: German public procurement-towards a Post-Rüffert regime? Public procurement and subcontracting in Italy: a 'work in progress' between social protection and the compatibility with the European competition principles 4.1 Introduction 4.2 The implementation of the 2014 EU Directives on public procurement in Italy 4.3 Social clauses in the Italian public procurement legislation 4.3.1 Principles of procurement 4.3.2 General principles on the choice of participants and award of contracts 4.3.3 Exclusion grounds 4.3.4 Reliance on the capacities of other entities 4.3.5 Contract award criterias 4.3.6 Abnormally low tenders 4.3.7 Conditions for performance of contracts: in particular, the occupational social clauses 4.4 Subcontracting in the Italian Code of public contracts 4.5 A concluding overview on the Italian public procurement system and the relevance of social clauses 5 7 6 The introduction of social considerations in procurement in Spain: the difficult implementation of the 2014 European directives 5.1 The late transposition of European regulations in the Spanish legal system and the special evaluation of the role of unions and collective bargaining 5.2 Social considerations in LCSP 5.3 The main problematic and/or controversial questions 5.3.1 Link to the purpose of the contract. 5.3.2 The role assigned to collective agreements and the preference applied to sectoral agreements over those of the company that devalue the work conditions 5.3.3 Succession of contract workers and subrogation of the workforce 5.3.3.1 The impossibility of imposing the subrogation via specifications and alteration of the system of responsibilities in Article 130 LCSP 5.3.3.2 The problems related to the reversal of previously outsourced public service 5.4 Conclusion The framework for public procurement and concession by the EU institutions 6.1 Minimum requirements 6.2 Exclusion and selection criteria 6.3 The award methods 6.4 Reliance on the capacity of other entities and subcontracting 6.5 The recent rules on social conditionality 6.6 Conclusions Conclusion SOCIAL CLAUSES IN THE IMPLEMENTATION OF THE 2014