As of 5 October 2024, 512 public tenders submitted by Germany to the EU within the 9 first months of the yr had been accepted and printed by the EU Tenders Transparency Portal regardless of their egregiously discriminatory nature.
Their peculiarity was that they contained a “Bidder’s declaration of safety” in opposition to a selected spiritual group to be mandatorily crammed in and signed on a “type 2496” for the bidding to be legitimate.
One of many 512 tenders involved “superior providers in preparation for the development of the long run excavation pit shoring for the brand new middle on the Nuremberg Clinic” (Ref. 598098-2024). One other one is in regards to the “provide {of electrical} power for Neue Materialien Bayreuth GmbH in 2025 and 2026” (Ref. 637171-2024). One can surprise what the spiritual affiliation of the bidders has to do with the EU tenders and why the EU endorses this criterion of exclusion for entry to EU tenders as an alternative of rejecting the questionable German purposes.
In regards to the magnitude of the problem: over 3173 circumstances
This systemic segregation violating for 10 years the Directive 2014/24/EU of 16 February 2014 and its magnitude are nonetheless well-known because the details about contracts above 140,000 EUR have to be and is public.
Statistics about tenders from 2014 to 2024 : 81 in 2014, 156 in 2015, 173 in 2016, 163 in 2017, 215 in 2018, 284 in 2019 294 in 2020, 370 in 2021, 432 in 2022, 493 in 2023 and 512 in 2024. Whole: 3173.
These details and figures had been introduced on the OSCE Warsaw Human Dimension Convention on 7 October 2024 and uploaded on their web site.
The Directive on public procurement offers in its first paragraph that “The award of public contracts by or on behalf of Member States’ authorities has to adjust to the ideas of the Treaty on the Functioning of the European Union (TFEU), and particularly (…) equal remedy, non-discrimination, mutual recognition, proportionality and transparency.”
The imposition of faith-related necessities in public tenders is a critical violation of the European Constitution on Human Rights and the European Conference on Human Rights. Such a provision must be faraway from the EU tenders directly or the German submissions must be rejected.
The spiritual group focused by Germany on this segregation case is the Church of Scientology which is acknowledged as a spiritual or perception group in EU and different international locations the place such a authorized standing exists, besides in Germany regardless of fairly a variety of courtroom selections.
