Contract compliance across the European Union
The inclusion of special conditions in public contracts to promote social policy objectives - such as improvements in equal opportunities for disadvantaged groups - is now commonplace within the United States. However, until recently it has not been a widescale feature of the tendering process across the European Union. The growing popularity of privatisation in many EU states has led to political and trade union pressures for the adoption of US-style contract compliance methods. But how far may tendering authorities go within current legal constraints? And what are the implications for HR departments in private sector companies?
- Much recent secondary legislation may prove to be unsafe under EU competition rules, procurement directives, constitutional and institutional powers.
- Guidance from the European Commission often lacks clarity and real practical value.
- There is a danger that corporate confidentiality will be compromised.
This FedEE briefing paper explains the evolution of contract compliance, the current state of play across the European Union and the scope for applying such a policy under EU law. It also reviews guidance from the European Commission, and rounds off with a practical checklist on how to respond to social clauses in public contracts during the bidding process.
To access the briefing paper and find out more about one of the most important issues facing EU human resource professionals, visit the European HR knowledgebase in the FedEE members' area now.
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