Territorial Extension and Case Law of the Court of Justice: Good administration and access to justice in procurement as a case study

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Abstract

This paper explores some of the legal implications of the territorial extension or extraterritoriality of EU public procurement law through free trade agreements and planned flanking retaliatory 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 or extraterritoriality 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 statutory and case law requirements concerning procurement remedies. The paper assesses both the outwards and inwards implications of the functional 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.
Original languageEnglish
Article number4
Number of pages18
JournalEurope and the World: A Law Review
Volume2
Issue number1
DOIs
Publication statusPublished - 10 Oct 2018

Keywords

  • Public procurement
  • free trade agreements
  • extraterritoriality
  • territorial extension
  • jurisdiction
  • Court of Justice
  • foreign law
  • challenges
  • remedies
  • good administration
  • access to justice

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