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The Portuguese government is planning to introduce mandatory greenpublicprocurementcriteria in the near future. This means the public sector in Portugal will have less than 3 months to adapt to a fairly significant change in the way it carries out publicprocurement.
This is a textbook example of artificially narrowing down competition as established by Article 18(1) of the Directive 2014/24/EU. It should be self-evident that any increase in compliance costs will disadvantage smaller suppliers over larger ones who are better prepared to absorb those costs and requirements. The second is more puzzling.
Dagne Sabockis, ‘ The Principle of Competition in the Context of GreenPublicProcurement – the Case of GreenAwardCriteria ’ (2023) 18(4) EPPPL 237-243 (£/€). Trygve Harlem Losnedahl, ‘The General Principle of Competition is Dead’ (2023) 2 PPLR 85-98 (£/€).
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