EU Soft Law Instruments as a Tool to Tackle the COVID-19 Crisis: Looking at the 'Guidance' on Public Procurement Through the Prism of Solidarity

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 365-373 | European Forum Insight of 9 July 2020 | (Table of Contents) I. Introduction. - II. The case study: Guidance on the smart use of public procurement law during the covid-19 crisis. - III. State of urgency. - IV. State of extreme urgency. - V. A soft law instrument for shaping a mature principle of solidarity within the EU legal system. - VI. Conclusions. | (Abstract) The European Commission has used soft law instruments to tackle the COVID-19 crisis. In so doing, it not only tried to accommodate the emergency within the flexibilities inherent in EU law, but it also assumed, along with national authorities, its own share of responsibility to respond to economic and public health issues. By taking as a case study a Communication on public procurement, it is argued that in the EU the principle of solidarity goes beyond its natural intergovernmental dimension. There emerges from recent soft law instruments a normative value implying in particular the awareness of a common interest and destiny, of a mutual connection and interdependence of peoples, each of whom must be responsible to itself, to future generations and to other peoples.

Keywords

• covid-19 and the eu
• soft law
• public procurement
• principle of solidarity
• holistic approach
• common interest and destiny