Pregledni rad
https://doi.org/10.30925/zpfsr.38.1.15
SUSTAINABLE PUBLIC PROCUREMENT
Marko Šikić
orcid.org/0000-0002-0146-9391
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Marko Turudić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
Sustainable public procurement, although a relatively old legal concept, began
to take shape signifi cantly in the last 20 years. Large purchasing power of the state
and the importance of public procurement procedures for each market necessarily
led to the awareness and use of public procurement to achieve the secondary, social
and environmental objectives. As such, sustainable public procurement certainly
has more advantages than disadvantages. Indirect use of public procurement as a
tool in achieving better environmental protection and greater inclusion of socially
disadvantaged groups in society must be supported. However, the achievement of those
goals must always be secondary, because the main objective of public procurement
must be the procurement of the best goods, services or works with the least possible
cost to the state budget. Sustainable public procurement has a growing importance
in the EU legal order, and thus consequently increasing importance in the legal
order of the Republic of Croatia. Beginning with the 2004 EU regulatory framework
elements of sustainable procurement are included in the legal systems of all member
states, while these elements are signifi cantly more present in the 2014 EU regulatory
framework. Certain sustainable elements are signifi cantly expanded, while adding
some new. The biggest changes are present in the technical specifi cations, criteria for
selection of offers, conditions for performance of the contract, in the new institute of
life cycle costing as well as environmental labels. The biggest problem is the fact that
the implementation of sustainable elements in public procurement procedures is still
voluntary and there is no way to force the implementation of these elements. However,
I still think that the signifi cantly expanded elements of sustainable procurement in
the 2014 EU regulatory framework willl certainly have a signifi cant impact on the
achievement of the objective of 50% green public procurement by 2020. The new
provisions in conjunction with the planned promotional activities and education of
employees can have a signifi cant impact on raising awareness of the importance of
sustainable public procurement. However, the fact that part of sustainable procurement
relating to the achievement of social goals is not similarly recognized as important in
Croatia is dissapointing.
Ključne riječi
administrative law; public procurement; sustainable development; European union
Hrčak ID:
178159
URI
Datum izdavanja:
10.3.2017.
Posjeta: 3.031 *