scholarly journals Local barriers in the efficient use of Green Public Procurement - case of Slovaki

2021 ◽  
Vol 11 (3) ◽  
Author(s):  
Tomáš MALATINEC

Green public procurement is a voluntary tool through which public procurers can contribute to the objectives of environmental policy. The legal framework and public policy of green procurement is covered by the European Union. The main goal is to contribute to the consideration of environmental characteristics in public purchases as well as environmental management and the life-cycle costs of the goods, services and work. However, the objectives of the legal framework and the policy to promote green public procurement are often not achieved due to the barriers posed by economic practice. The aim of the article is to analyze the local barriers in the effective use of green public procurement in Slovakia. The processing of results is based on the annual evaluation reports to the National Action Plan for Green Public Procurement in Slovakia for 2016-2020. Identified local barriers include financial constraints on contracting authorities and a preference for evaluating contracts based on the lowest price criterion, insufficiently built administrative (personal) capacity to implement green public procurement, fear of discrimination in incorporating environmental criteria into tender documents and subsequent sanctions from control bodies. Last but not least, the voluntary application of green public procurement at regional and local level is also included among the barriers in the efficient use of this tool in practice.

Author(s):  
Carmen Lenuta Trica ◽  
Luminita Ghita

At present, legal provisions and environmental policy regulate the possibilities of using environmental considerations in the development of award criteria, as well as in the performance clauses of procurement contracts. The first part of the chapter analyzes the concept of green procurement and product categories for which green procurement can be used. The second part of the chapter presents the benefits of using green procurement. The third part of the chapter will include assessing the progress and impact of using green procurement. The fourth part of the chapter analyzes the legal framework for public procurement in Romania, as well as the capacity of the market to offer and develop products and services that include minimum environmental requirements and criteria. In the fifth part of the chapter, the authors analyze the possibility of implementing a mechanism for the operation and implementation of the legal provisions in Romania in order to improve the quality of the services and optimize the costs of the public procurement.


2020 ◽  
Vol 18 (3) ◽  
pp. 523-556
Author(s):  
Luka Martin Tomazic

Proliferation of renewable energy is high on the agenda of the European Union. In it, local government plays an important role. Besides traditional regulatory approaches such as legislation, nudging could have a positive effect on achieving the desired policy goals. This article analyses the legal framework within which the local-level practice of nudging is embedded in the Republic of Slovenia. Since EU-level legislation and ECHR aspects are analysed as well, the application of findings is broader than merely the national legal system. Nudging could be performed either by using the existing infrastructure or through the creation of local energy organisations. Three main groups of legal limitations are identified, namely state-level limitations, GDPR-related concerns and constitutional or human rights considerations. Defaults and individualised informing are emphasized as two of the most promising nudge-types in the field of renewable energy.


2012 ◽  
Vol 15 (3) ◽  
pp. 23-36 ◽  
Author(s):  
Małgorzata Burchard-Dziubińska ◽  
Tomasz Jakubiec

This paper discusses the situation on the Polish green public procurements (GPP) market, with special emphasis on the results of a GPPinfoNET project realised in the Łódź region. The identification of the main barriers hindering the application of GPP in the Polish practice is the departure point to formulating recommendations concerning organisational and legal changes which would make it possible to increase the share of GPP in the Polish economic practice. Implementation of green public procurement is considered as an important element of sustainable development.


2021 ◽  
Vol 12 (4) ◽  
pp. 150-158
Author(s):  
Kirill A. Belokrylov ◽  
◽  
Alena N. Vakulenko ◽  
Alena O. Kishkovskaya ◽  
Anastasia N. Situkho ◽  
...  

The article analyses the current level of development of the topic of "green" public procurement both in Russian legal acts and in domestic scientific literature. The authors conducted a categorical analysis of the term "green" public procurement, based on which the definition recommended for use in the Russian system was derived. The analysis of international experience in the implementation and development of green procurement was followed by a description of the specifics of legal regulation in several countries. By means of an electronic questionnaire survey of contracting system entities, the current level of application of environmental criteria in procurement was empirically assessed and the attitudes of Russian customers and suppliers towards the introduction of new environmental requirements in procurement legislation were identified. Thus, customers are not motivated to use "green" criteria, as they are not aware of them and their application may be regarded by regulatory authorities as a restriction of competition, and suppliers are not interested in producing such products, since they will not be competitive due to the high price. Based on the results obtained, recommendations were developed for the gradual, step-by-step incorporation of norms and practices related to the greening of the procurement process into the contract system.


Author(s):  
Jose Fuentes-Bargues ◽  
Pablo Ferrer-Gisbert ◽  
Mª. González-Cruz

Universities play an important role among public institutions because they initiate huge purchasing and contracting activities and contribute to sustainable development through education, research, and day-to-day operations. Existing studies on green public procurement (GPP) practices at Spanish universities focus on products and services. For this study, a total of 316 procedures were collected and analysed from the calls for tenders made by Spanish public universities between 2016 and 2017. The environmental criteria involved in the tenders and their weights were classified by subsector, geographical scope, and project budget. The results of this study show the use of environmental criteria in the works tendered by Spanish public universities is low (19.2%) in comparison with the results of other studies. It is therefore necessary to encourage GPP practices in the contracting process to comply with the environmental policies that universities have defined as part of their institutional policies.


Author(s):  
Jose Luis Fuentes-Bargues ◽  
Pablo Sebastian Ferrer-Gisbert ◽  
Mª Carmen González-Cruz ◽  
María Jose Bastante-Ceca

Research on current practices and the state of green public procurement enables the identification of areas that can be improved, as well as opportunities to improve the tendering procedures from an environmental point of view. To understand the behaviour of local, provincial, and regional administrations concerning green public procurement, a case study on the Valencia region of Spain is made. The Valencian region is one of the most important communities in terms of population, number of contracting authorities, and weight in the Spanish Gross Domestic Product. In this study, a total of 967 procedures were analysed from calls for tenders made by municipal, provincial, and regional administrations in2016 and 2017.The results of this study show that the use of environmental criteria is 19.7% and the average weight is 4.1 out of 100. The civil engineering subsector, more than the building subsector, employs environmental criteria, particularly in projects tendered by regional administrations, whereas for projects with large budgets the level of use is similar for both subsectors. It is necessary to encourage plans to improve Green Public Procurement (GPP) practices in the Valencian administrations, especially those with a local scope such as municipalities.


Smart Cities ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 527-540 ◽  
Author(s):  
Stella Manika

Innovative procurement is an important tool for smart cities to improve the effectiveness and efficiency of public services, especially in sectors such as smart living (for example, health conditions), smart mobility, or smart environment (with emphasis on waste and water management). The European Union (EU) public procurement legislative framework encourages the deployment of innovation by several means (including, inter alia, the introduction of competitive procedures promoting innovation, use of award criteria based on factors other than price, and the life-cycle approach) and sets the scene for a more strategic procurement for EU smart cities. Despite the proven benefits of innovative procurement, public authorities, driven mainly by their preference to follow traditional tender procedures under solely budgetary considerations, have hesitated to introduce innovation. The case study of Greece is examined, and it is concluded that despite the adopted policy measures that are conducive for mainstreaming innovation procurement, innovation procurement in Greece is at an early development stage. One of the reasons that hinder the application of innovation-oriented procedures by public purchasers is their insufficient knowledge of the available legal framework. The broad objective of this article is to outline the main innovation-friendly tools, as set out in the applicable European public procurement legislative framework that smart cities should adopt in order to make strategic use of innovative procurement.


2020 ◽  
Vol 12 (3) ◽  
pp. 988 ◽  
Author(s):  
Lela Mélon

The present research paper analyses the EU general and mandatory sectoral legal framework on public procurement, arguing for its inhibiting effect on the EU-wide uptake of green public procurement. It explores de jure and de facto barriers to green public procurement, motivated by the need for a change in the business world towards more sustainable practices through preferably mandatory legal changes of EU corporate law. As the public procurement represents a strong nudge for a qualitative change in private market demand, accounting for a minimum of 12% of the national gross domestic product, it should become environmentally sustainable itself and guide markets through the qualitative and quantitative changes on the demand side. Given the complexity of the current legal framework and the novelty of the approach to public procurement as a strategic tool for the achievement of sustainable production and consumption, a better defined and clear legislative approach is called for, possibly in a mandatory form, clarifying the obligation of public procurers to account for sustainability in their practices, especially as regards incorporating environmental concerns in their purchasing activities. In its current form, the EU legislative public procurement framework entails a seemingly permissive attitude towards green public procurement, hampered in practice by the existing legal institutes in the field, which hamper the strategic use of public procurement and thereby its influence on sustainability on the private markets.


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