Fernández, Patricia Valcárcel --- "Transposition of Directive 2014/24/EU in Spain: between EU demands and national peculiarities" [2018] ELECD 956; in Treumer, Steen; Comba, Mario (eds), "Modernising Public Procurement" (Edward Elgar Publishing, 2018) 232

Book Title: Modernising Public Procurement

Editor(s): Treumer, Steen; Comba, Mario

Publisher: Edward Elgar Publishing

ISBN: 9781788114530

Section: Chapter 11

Section Title: Transposition of Directive 2014/24/EU in Spain: between EU demands and national peculiarities

Author(s): Fernández, Patricia Valcárcel

Number of pages: 28

Abstract/Description:

The Swedish Public Procurement Act came into force on 1 January 2017. When implementing the EU procurement directives, much focus was placed on the new opportunities for social considerations in public procurement, in particular the possibility of imposing different labour conditions. There was an extensive political debate in the Swedish parliament. The current Swedish government is a social democratic minority government and the opposition, which is conservative, opposed the proposed legislation. It considered that the drafting of the draft law violated Union legislation, and in particular the articles of the Posted Workers Directive. The Swedish government was therefore forced to back down and amend the proposal; this amendment was then accepted by the Parliament. The provisions on labour conditions were therefore introduced in the Swedish Public Procurement Act five months after the law came into force, on 1 June 2017. The provisions on labour conditions are now more consistent with Union legislation.