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Buying Social JusticeEquality, Government Procurement, and Legal Change$
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Christopher McCrudden

Print publication date: 2007

Print ISBN-13: 9780199232420

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232420.001.0001

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European Public Procurement Law and Equality Linkages: Government as Consumer, Government as Regulator

European Public Procurement Law and Equality Linkages: Government as Consumer, Government as Regulator

Chapter:
(p.538) 17 European Public Procurement Law and Equality Linkages: Government as Consumer, Government as Regulator
Source:
Buying Social Justice
Author(s):

Christopher McCrudden

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232420.003.0017

Chapter 16 discussed three fundamental aspects of Community law relating to procurement: the importance of equal treatment as a basis of both EC status equality and procurement law, the overall limits to the procurement directives provided by the Treaty, and the importance of the subject matter of the contract. This chapter examines the detailed provisions of the directives. The first section of the chapter considers the implementation of the directives where equal status is part of the subject matter of the contract. In this context, government is acting as a consumer, buying social justice. The second section considers various provisions of the directives that permit procurement linkages irrespective of whether equal status is part of the subject matter of the contract. In this context, government is acting as a regulator, requiring social justice.

Keywords:   procurement linkages, EC, equal status, tenders, Community law, social justice

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