The ambiguous role of social clauses in European directive 2014/24

Abstract

Public procurements represent a strategic solution to deliver “collateral” effects on the environment and social protection fields. As a reaction to the pro-market decisions of the Court of Justice, European Institutions demanded the revision of the 2004 Directives, in order to enhance the social use of procurements. The 2014 Directive embodies a remarkable shift in this direction. The new Directive nonetheless does not seem to sort out all issues regarding the application of social clauses especially those prescribing minimum pay rates