The Development and Implementation of Gender Equality Considerations in Public Procurement in Germany

Abstract

Public procurement is an important part of states’ activities and a major market. As the potential of public purchasing to foster gender equality has increasingly come into focus, regulatory policies in a number of countries increasingly draw the link between public procurement and equality. Analyzing the development of regulatory policies relating to gender equality and public procurement in Germany between 1990 and 2016, this article highlights the growing prevalence of such linkages in regulatory policies. This article then analyzes the implementation of equality considerations in public procurement in the specific case of a local council in Germany. The findings highlight the importance not only of the existence of legal regulations but also of their design and suggest that in the case of voluntary regulations, structural incentives may encourage public bodies not to use the existing scope for equality considerations, particularly if they encounter an unfavorable environment. HIGHLIGHTS The EU and member states, including Germany, increasingly aim to use public procurement as a lever to promote (gender) equality. However, the literature suggests low prevalence of equality considerations in public-procurement practices An analysis of gender-equality sensitive procurement in Germany finds the design of legal regulations is as important as their existence. Policymakers should create administrative incentive systems to promote the successful implementation of equality considerations in public procurement.