THE ROLE OF SOCIALLY RESPONSIBLE PUBLIC PROCUREMENT IN SECURING EMPLOYMENT OPPORTUNITIES FOR INTERNALLY DISPLACED PERSONS

Abstract

This article is about ways to create additional employment opportunities for people whо are disadvantaged in the labor market through public procurement, especially for internally displaced persons. The author provides an in-depth analysis of the experience of EU member states, due to the lack of a strategic approach to public procurement in Ukraine, which actively use public procurement as a means of solving problems, as well as to identify social problems, including the employment of people with access difficulties to the labor market such as the UK, Sweden, Germany and the Netherlands. Besides, the author provides an in-depth analysis of the experience of EU member states, such as the UK, Sweden, Germany and the Netherlands, in the absence of a strategic approach to public procurement in Ukraine and which actively use public procurement as one of the means of solving problems to identify social problems, including the employment of people with difficulties in accessing the labor market. Particular attention is paid to the requirement of “public benefit” in public procurement in the UK as a requirement regarding to the employment and training of workers. The author pays attention to the legal framework within which it is possible to carry out socially responsible procurement for the purpose of employment, including Ukraine’s international obligations under the Association Agreement with the EU. Additionally, the article provides an analysis of the cases of the EU Court of Justice, which allows the employment requirements of long-term unemployed persons to be applied, however, without the infringement of the principle of nondiscrimination. The author suggests the ways of applying social requirements in procurement to integrate or reintegrate individuals into the labor market. The employment requirements may be assessed in two cases, firstly, when the contracting authority decides on the award of a public procurement contract; or requirements could be essential to the contract and the way in which the contract will be carried out, but are not the core requirements and can not be assessed when awarding the contract. The author comes to the conclusion that there is a need for contracting authorities to make an assessment of the positive (social, economic and environmental) effect of public procurement at national and local levels.