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Public procurement in the EU: jurisprudence and conceptual directions

Bovis, Christopher H.

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Abstract

The present article reviews the emerging conceptual themes from the case law of the European Court of Justice which have triggered the revision of the public procurement Directives, and the alignment of the public procurement acquis with the Europe 2020 Growth Strategy. The Court's jurisprudence has instrumentally influenced the interpretation of public procurement legal concepts such as contracting authorities, the remit of selection and qualification criteria, the parameters for contracting authorities to use environmental and social considerations as award criteria and the principles which underpin the remedies in the award of public contracts.However, the exhaustive harmonization which is inherent in the public procurement directives has caused significant porosity and limitations in the effectiveness of the public procurement acquis. Service concessions, contracts awarded by a contracting authority to another contracting authority on the basis of exclusive rights, public-public partnerships and in-house contractual relations, and contracts which fall below the stipulated value thresholds all reflect upon the forthcoming reforms of the public procurement regime.

Citation

Bovis, C. H. (2012). Public procurement in the EU: jurisprudence and conceptual directions. Common Market Law Review, 49(1), 247-290

Journal Article Type Article
Publication Date Apr 2, 2012
Deposit Date Nov 13, 2014
Publicly Available Date Nov 13, 2014
Journal Common market law review
Print ISSN 0165-0750
Publisher Kluwer Law International
Peer Reviewed Peer Reviewed
Volume 49
Issue 1
Pages 247-290
Public URL https://hull-repository.worktribe.com/output/465564
Publisher URL http://www.scopus.com/inward/record.url?partnerID=yv4JPVwI&eid=2-s2.0-84859023825&md5=b1832c5483b3e7bb133b626eed8375b3
Additional Information Copy of article first published in Common market law review, 2012, v.49, issue 1

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