Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?

Gerbrandy, Anna; Janssen, Willem A.; Thomsin, Lyndsey

doi:10.18352/ulr.509

Cited by 4 publications

(4 citation statements)

References 4 publications

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“…This shift has been coined European digital constitutionalism—“a reaction against power exercised by online platforms, which are increasingly involved in determining the scope of rights and freedoms in the information society” (De Gregorio, 2021, p. 53). In line with the EU's social market economy goal (Article 3 TEU; Gerbrandy et al, 2019), emerging digital constitutionalism strives to protect against complete digital commercialization and a digital surveillance state (Gohl et al, 2021). However, despite a concrete attempt to embed digital policy in European public values, policymakers struggle to balance the economic and public interests at stake (Mansell, 2021).…”

Section: Hypernudging In the European Digital Policy Agenda: Present ...mentioning

confidence: 99%

Hypernudging in the changing European regulatory landscape for digital markets

Morozovaite

2022

Policy & Internet

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The European regulatory landscape for digital markets is undergoing a transformative change. There is an observed shift toward the protection of public values and fundamental rights, as the market mechanism and market values that traditionally led regulatory processes in digital markets seem to have fallen short. In the context of the user‐centric digital economy, a clear commitment to safeguarding citizens' interests is ever‐more salient. This article provides a comprehensive account of hypernudging—dynamically personalized user steering, which represents the next generation user influencing techniques online, with the potential to lead to multifaceted individual and collective harms. However, problematizing the phenomenon for digital policy purposes is not a straightforward task. Due to the complexity and opaqueness of its underlying mechanisms and effects, policymakers are operating under conditions of uncertainty, necessitating a shared understanding of what impact hypernudging has on users as well as crafting a shared vision of values that ought to be embedded and safeguarded in digital choice architectures. To highlight the developing European approach in relation to hypernudging, the assessment of the recent legislative initiatives—the Artificial Intelligence Act, the Digital Markets Act, and the Digital Services Act—showcases underlying learning opportunities for addressing emergent challenges.

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Section: Hypernudging In the European Digital Policy Agenda: Present ...mentioning

confidence: 99%

Hypernudging in the changing European regulatory landscape for digital markets

Morozovaite

2022

Policy & Internet

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“…14 The Commission responded by developing the notion of contract performance condition as distinct from both selection and award criteria. 15 On this basis, it structured an infringement procedure against France. 16 The notices for school buildings works set out the award criteria included an "additional criterion" relating to the promotion of employment.…”

Section: In the Beginning Were Social Rightsmentioning

confidence: 99%

“…See Martin-Ortega and Methven O'Brien[17] 2. See more generally Gerbrandy, Janssen, Thomsin[15] 3. Turpin[30], p. 244.…”

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confidence: 99%

Towards socially responsible public procurement

Caranta

2022

ERA Forum

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The 2014 procurement and concessions directives have clarified the possibilities that exist for referring to social considerations in public procurement (and socially responsible public procurement). Still, these rules fall, in the main, well short of being mandatory and instead leave wide margins to Member States and their contracting authorities which do not wish to consider social and human rights concerns when buying. Furthermore, concerns about ensuring the widest competition possible may limit reference to social considerations. Recently proposed reforms may however go a long way towards more sustainable production and procurement.

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“…European Union is based on the principles of Market Economy which have been revised to accommodate social policies by the Lisbon Treaty (European Union, 2012) as it is pointed out by(Gerbrandy et al, 2019) labeling the European economy as "Social Market Economy" considering the Article 3-3 of (European Union, 2012) " The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment.…”

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confidence: 99%

Public Policies for Procurement under COVID19

Tavares¹,

Arruda²

2021

EJPPM

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Public procurement is a main issue in the frontline of Governments fighting COVID 19 pandemic as the need for additional and urgent acquisitions as well as the need to consolidate the supply chains and to promote sustainable and innovative procurement have been a source of deep changes and main challenges disturbing public markets and invalidating several assumptions of the traditional public contracting. In this paper, the development of appropriate public policies to cope with these challenges is studied following the approach suggested by several authors and including four stages: a Stage on Facts and Issues where the main challenges and conditions are studied, the Options Stage to describe which polices and procedures can be adopted, a Values Stage stating the main values to be pursued and, finally, a Policies Stage including the selection of the recommended policies. The analysis of the challenges and facts includes the study of a taxonomy of short and longer term needs and the available options are based on the comparative study of procedures ruled by the European Directives on Public Procurement approved on 2014. The major values to be respected include the principle of competition which is a major institutional principle of the European Treaty and of the Directives as well as the goal of promoting sustainable and innovative public procurement. Several indicators are suggested to describe the application of the public procurement policies adopted across EU and their comparative analysis is presented using the TED data for contracts concerning COVID 19. The case of Portugal is discussed and final remarks about the recommended public policies are also included herein.

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Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?

Cited by 4 publications

References 4 publications

Hypernudging in the changing European regulatory landscape for digital markets

Hypernudging in the changing European regulatory landscape for digital markets

Towards socially responsible public procurement

Public Policies for Procurement under COVID19

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