The Emergence of Trans-EU Collaborative Procurement: A 'Living Lab' for European Public Law

(2020) Public Procurement Law Review, Forthcoming

30 Pages Posted: 7 Jun 2019 Last revised: 26 Sep 2019

Date Written: March 14, 2019

Abstract

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

Suggested Citation

Sanchez-Graells, Albert, The Emergence of Trans-EU Collaborative Procurement: A 'Living Lab' for European Public Law (March 14, 2019). (2020) Public Procurement Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3392228 or http://dx.doi.org/10.2139/ssrn.3392228

Albert Sanchez-Graells (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol, BS8 1RJ
United Kingdom

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