ECJ pans “localism” housing policy in Flanders – don’t buy TOO local

Regular readers will know hat we have followed and posted on the increasing trends particularly in the UK (but certainly also across other member states) towards “buy local” policies, be it in relation to the promotion of SME engagement in public procurement or in legislative terms, for example through the obligations imposed on Local Authorities in the Public Services (Social Value) Act 2012.

Flanders News reports a story which can be viewed as a cautionary reminder that she and to the extent that localism policies are regarded as straying too far into the grey area surrounding the fundamental freedoms, they will be attacked by the ECJ.

For the UK, this exemplifies the tension we see as inherent in public procurement arising from the juxtaposition of the “localism” encouraged by the Social Value Act and the Treaty obligations of fairness, equal treatment and non-discrimination which are embodied in the Public Contracts Regulations 2006 (as amended).

W await the first procurement challenge citing inappropriate use of the Social Value Act in support of a claim to have a contract award set aside….

http://tinyurl.com/96gzyor

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