Towards Mandatory Green Public Procurement in Europe: Comparative Lessons from Italy and Norway on Application and Enforcement

Abstract

While the 2014 Public Procurement Directive neither requires nor prohibits the use of public procurement as a tool to reduce environmental externalities and combat climate change, sectoral legislation introduced under the Green Deal increasingly prescribes public authorities to buy ‘green’. Given the limited supranational experience with the shift from voluntary to mandatory Green Public Procurement (GPP), this article undertakes a comparative assessment of two jurisdictions whose experience with mandatory GPP predates the current European trend: Italy and Norway. By examining the legislative frameworks, application, and enforcement concerning Italy’s minimum environmental criteria (CAMs) and Norway’s 30% weighting requirement for climate and environmental considerations in award criteria, the article identifies key ambiguities that will characterise this emerging phase of mandatory GPP in Europe.