In the framework of the ETUC project on “Securing Workers Rights in subcontracting chains”, a team of researchers has assessed the implementation of the social clauses inserted in the 2014 Public Procurement Directives in four Member States (France, Germany, Italy and Spain).

This Report assessed how the four Member States have exploited the social clauses present in the Public Procurement Directives. In particular, the national Reports focus on the Directive 2014/24/EU and consider:

• Articles 18 (Principles of procurement),
• Articles 56 (General principles on the choice of participants and award of contracts),
• Articles 57 (Exclusion grounds),
• Articles 63 (Reliance on the capacities of other entities),
• Articles 67 (Contract award criteria),
• Articles 69 (Abnormally low tenders),
• Articles 70 (Conditions for performance of contracts),
• Articles 71 (Subcontracting).

The 2014 Directives aimed to get rid of the market-oriented approach in public procurement. In order to obtain better value for public money, public buyers should also ensure that procurement achieves social benefits. The report paints a mixed picture across the different member states. Although, it can generally be observed that all member states have implemented social clauses, the effectiveness in each member state is quite heterogenic. E.g. in all the four Member States, the contracting authorities shall reject low offers that result from non-compliance with environmental, social and labour obligations. Similarly, exclusion grounds have been defined and further subcontracting can be limited.

On the other hand, many problems still remain unsolved. Cases about proportional national legislation and its consistency with EU law have sometimes resulted in detrimental decisions for workers and the contracting authorities. Furthermore, trade unions were mostly only given a marginal role in the transposition of the social clauses.