Streamlining and not over-complicating the
existing public procurement legislation

Position paper on the announced revision of the public procurement directives
and the possible inclusion of further social criteria

March 2025

A call to focus on the simplification and implementation of existing legislation 

Additional legislation contradicts the current political commitment to reducing the administrative burden for companies. Instead of adding additional social criteria, a thorough analysis of the existing legislation, its difficulties of implementation and extensive data collection should be executed. The next logical steps are, firstly, focusing on the simplification of the existing legislative framework, and secondly, on its implementation. 

Background 

Commission President von der Leyen announced a revision of the public procurement directives in the political guidelines. The hearings of Executive Vice-President Mînzatu and Executive Vice-President Séjourné also centered on mandatory social criteria to be implemented in the directives. 

It is important to state: Public procurement is already socially responsible under the existing framework (cf. directive on public procurement 2014/24/EU: art. 18(2), 20(1), 43(1), 67(2a), 70). Further provisions on social criteria cannot be implemented: social policy is the responsibility of Member States, not of the EU legislator. 

For the public procurement legislation’s proper application, simplifying and streamlining is crucial. The public procurement framework should provide legal certainty for companies, without hampering them to participate in public procurement processes. Any revised directive should not overburden procuring authorities with an overcomplex applicable legal framework. 

Public procurement is a central issue for the single market. It roughly accounts for 14% of EU GDP. Due to the sheer economic implications, any reforms of the public procurement directives must be conducted with the utmost thoroughness and caution in alignment with better regulation principles. The EU public procurement framework must remain procedural, in other words, the idea of ‘how to buy’ rather than ‘what to buy’.