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3 - A taxonomy of horizontal policies in public procurement

Published online by Cambridge University Press:  06 September 2009

By
Sue Arrowsmith
Edited by
Sue Arrowsmith  and
Peter Kunzlik
Sue Arrowsmith
Affiliation:
University of Nottingham
Peter Kunzlik
Affiliation:
City University London
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Summary

Introduction

This chapter elaborates further the phenomenon of horizontal policies in procurement that is the subject of the legal analysis in the remaining chapters. In this respect, it is useful to set out a taxonomy of horizontal policies. Such a taxonomy is valuable, first, for understanding the practical phenomenon of horizontal policies and their constitutional and policy implications. It is used for that purpose in the present chapter which, as well as setting out the taxonomy, reviews the key policy issues arising from the various approaches and mechanisms, including their value, their legitimacy and considerations that impact upon their effectiveness and transparency. This will provide the policy context for the ensuing legal analysis: whilst, as chapter 1 argued, it is not in principle the role of EC law to determine how such policies should be implemented by Member States, concerns such as proportionality and transparency are, on the other hand, highly relevant to the EC regulatory framework. The taxonomy is also useful, secondly, as a framework for analysing the legal rules. It is used for this purpose in examining the impact of EC law in chapter 4, and can also be used for considering other national and international regimes. The taxonomy presented in this chapter elaborates on the author's previous analysis elsewhere that has already been used for these purposes by other scholars.

Type
Chapter
Information
Social and Environmental Policies in EC Procurement Law
New Directives and New Directions
 , pp. 108 - 146
Publisher: Cambridge University Press
Print publication year: 2009

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