Begränsningen av sociala hänsyn vid offentlig upphandling

Sammanfattning: Public authorities and units are allowed to consider social concerns during public procurements, but have limited room for maneuver. The legal developments during the last 15 years have gone towards more and more freedom for the procurer who wishes to consider social concerns. This makes certain questions regarding pros and cons relevant. The purpose of this paper is to explore these and reason about them. The legal area is primarily a European legal area, and national legal systems follow in the tracks of the EU law. The primary legal documents are the two European directives regarding public procurement which were issued in 2004. These are currently being replaced with new directives which have been issued but not yet implemented into the various European national legal systems. Interests which can be considered as social concerns are, amongst other things, questions of occupational safety and health, gender equality, anti-discrimination and the fight against unemployment.