Las cláusulas sociales en la contratación pública como garantía frente al dumping social intracomunitario
Public procurement is a powerful and increasingly common tool of EU policies. Given the enormous importance of public procurement in terms of public expenditure, it seems justified to promote a social-policy based reinterpretation of the traditional economic approach, for example by including social...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5728764 |
| Source: | Revista Aragonesa de Administración Pública, ISSN 1133-4797, Nº 47-48, 2016, pags. 180-209 |
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| Summary: |
Public procurement is a powerful and increasingly common tool of
EU policies. Given the enormous importance of public procurement in terms of public
expenditure, it seems justified to promote a social-policy based reinterpretation of the
traditional economic approach, for example by including social considerations among
the bid specifications. The ECJ’s ruling in the ‘RegioPost’ case is a clear example thereof.
In it, the ECJ reacts against transnational ‘social dumping’ by prioritizing workers’ rights
over the freedom to provide services. More specifically, the ECJ considers that regional
legislation that, on one hand, requires tenderers and their subcontractors to pay the host
country’s minimum wage to posted workers and, on the other hand, allows the contracting
authority to exclude those tenderers and subcontractors refusing to accept that
obligation from the procedure is compatible with EU law. But how does the ECJ reach
that conclusion? This commentary analyzes the ECJ’s very formal reasoning and provides
some critical reflections on the ruling. |
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