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Because of the renewed interest in public purchasing and the strategic use of public funds under the requirements of sustainable development, the question arose once again as to how to curb the fall of institutional quality once criteria other than price are inserted into the decision-making in public purchasing. E-procurement has been repeatedly named as one of the most efficient tools to that effect and the present paper sets out to discover whether the implementation of e-procurement in a particular country per se entails also higher institutional quality, allowing for a wider implementation of green and sustainable procurement at the national, regional and municipal level without the fear of worsening the country’s institutional quality. By analyzing the implementation of e-procurement in Denmark, the Netherlands and in Portugal, this paper aims to verify the hypothesis that the implementation of e-procurement implies better institutions in terms of public purchasing. As such, the conclusions will be used in further research on the prerequisites for a successful implementation of green public procurement across the European Union.

Gathering data on institutional quality of three early e-procurement adopters (Denmark, the Netherlands and Portugal) allows for comparison of institutional quality pre- and post-e-procurement implementation. By using difference-in-differences comparison the paper seeks to answer the question how doesmandatory e-procurement influence institutional quality on the national level.

The paper finds that the reform is generally associated with a relatively stronger control of corruption in the Netherlands and Denmark, while a similar reform in Portugal failed to translate into a stronger control of corruption. Furthermore, while using the quality of regulation as a dependent variable, a positive and robust effect on the quality of regulation in Denmark was shown, while the quality of reputation in the Netherlands and Portugal declined in the post-reform period, with the drop in the quality of regulation in Portugal being considerably greater, a two-fold higher amount than the estimated drop in the Netherlands. The paper suggests that in spite of the same aims, the reform yielded substantially different or even opposing effects compared to Denmark.

By examining three examples of early adopters, further research with broader impact is needed to deduce general implications for e-procurement implementation. Furthermore, implementation of e-procurement at the regional or local level can also yield distinct results.

Understanding the actual impact of e-procurement on institutional quality is indispensable for further study on the matter. The present study argues that e-procurement needs to be accompanied by additional measures or variables to yield a positive impact on institutional quality in public procurement.

As to originality, the present paper uses a law and economics approach, originating or better said drawing motivation from green public procurement concerns, trying to provide an insight in terms of tools that can be used to eliminate concerns regarding institutional quality when implementing green public procurement practices.

This paper aims to examine the effect of circular economy’s ending of waste on marginal property practices.

This paper utilises doctrinal and theoretical legal analysis, along with theoretical perspectives and qualitative empirical evidence drawn from non-legal academic disciplines.

The current legalistic conception of waste depends on control and value. The indeterminate status of waste as goods at the margins of consumption attracts attention from legal regimes. This process is evidenced by a commercialised treatment of goods at the margins of consumption, limiting the scope of radical marginal property practices such as freeganism (taking goods abandoned by others, to use such goods).

The circular economy aims to end waste. Restriction, and ultimately elimination, of marginal property practices is necessary for circular economy. Freegans will be limited to acting in a “challenge” role, identifying breaches of commercial commodification processes. Control over the use (including disposal) of goods reduces the spaces available for marginal property practices, which in turn raises problematic normative implications for “normal” consumption practices involving waste.

This is the first examination of the impact of circular economy on freeganism. It is also the first sustained application of marginal property theory (van der Walt, 2009) in a legal analysis of circular economy and waste.