Legal dilemmas:The facilitation of the participation of small and medium-sized enterprises in the procurement of labour market programmes

Abstract

Within the framework of Norway’s constitutional obligations as laid down in § 110 of the Norwegian Constitution, this thesis explores the facilitation of the participation of small and medium-sized enterprises (SMEs) in the public procurement of labour market programmes. The thesis’ outset is that legal dilemmas may arise when facilitating the participation of SMEs in the procurement of labour market programmes. Central to this notion is the tension between the demands of the general interest of the society, and the requirements of the protection of the individual’s fundamental right to work. A central tenet of this thesis is that a first interpretation of § 110 imposes a legal barrier as to what measures the contracting authority may make us of in the effort to facilitate the participation of SMEs in the procurement of labour market programmes.