Territorial Extension and Case Law of the Court of Justice: Good Administration and Access to Justice in Procurement as a Case Study
Europe and the World: A Law Review, Forthcoming
20 Pages Posted: 6 Dec 2017 Last revised: 25 May 2018
Date Written: December 1, 2017
This paper explores some of the legal implications of the territorial extension or extraterritoriality of EU public procurement law through EU trade policy. The paper has the starting position that, with this policy and regulatory approach, the EU pursues two main goals: first, to further global standards of human rights protection and, second, to further regulatory convergence towards its own procurement standards. The paper concentrates on the pursuit of this second goal and, in particular, on the implications of such territorial extension of EU procurement law for the case law of the Court of Justice on good administration and access to justice, as recognised in the Charter of Fundamental Rights of the European Union. The paper concentrates on public procurement due to its relevance in free trade agreements between the EU and third countries, as well as the relevance of legislative and case law requirements concerning procurement remedies. The paper assesses both the outwards and inwards implications of the territorial extension for the case law of the Court of Justice. The discussion in the paper also raises general issues concerning procedural design and the consideration of foreign law by the Court of Justice in different settings.
Keywords: Public Procurement, Free Trade Agreements, Extraterritoriality, Territorial Extension, Jurisdiction, Court of Justice, Foreign Law, Challenges, Remedies, Good Administration, Access to Justice
JEL Classification: H57, K23, K33, K42
Suggested Citation: Suggested Citation