The Emergence of Trans-EU Collaborative Procurement: A 'Living Lab' for European Public Law
29 Pages Posted: 7 Jun 2019 Last revised: 3 Sep 2019
Date Written: March 14, 2019
Trans-EU collaborative procurement is a fertile ‘living lab’ for the observation, theorisation and critical assessment of developments in European public law. This paper maps the emergence of this novel type of cross-border administrative collaboration and scrutinises the new rules of Directive 2014/24/EU, which evidence the tension between promoting economic co-operation across borders within the internal market and the concern to respect the Member States’ administrative autonomy. The paper critically assesses the EU legislative competence in this area, extracts consequences for balancing trans-EU collaboration with ‘mandatory public law requirements’ at Member State level and proposes minimum functional guarantees to be expected in the implementation of trans-EU collaborative procurement.
Keywords: European public law, trans-EU public law, public procurement, collaborative procurement, cross-border procurement
JEL Classification: F15, H57, K23, K40
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