Imitating Private Business in Public Procurement: Swedish "affärsmässighet".

Karsten Åström, Jan Bröchner

Research output: Contribution to journalArticlepeer-review

Abstract

While implementing the EC Procurement Directives in Swedish legislation, there remains a reference to 'business-like' (affärsmässig) practice as an external system of norms. The problem is that the term a. might contradict non-economic considerations in the award of contracts. Municipal procurement is often managed by professionals with limited legal expertise, and diverging practices are found. In recent years, the term a. has spread to court practice in other fields and even to one act belonging to private law. The term a. appears as a chameleon, since when used in a context of private law, it conveys a sense of transparency and objectivity traditionally associated with the operation of the legal system rather than with private business practices.
Original languageEnglish
Pages (from-to)213-227
JournalJournal of Public Procurement
Volume7
Issue number2
Publication statusPublished - 2007

Subject classification (UKÄ)

  • Law and Society

Keywords

  • law
  • norms
  • sustainable development
  • sociology of law
  • business
  • rättssociologiska enheten
  • rules
  • public procurement

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