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

Albert Sanchez Graells

doi:10.2139/ssrn.3392228

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

Albert Sanchez Graells

University of Bristol Law School

Research output: Contribution to journal › Article (Academic Journal) › peer-review

95 Downloads (Pure)

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.

Original language	English
Pages (from-to)	16-41
Number of pages	26
Journal	Public Procurement Law Review
Volume	29
Issue number	1
DOIs	https://doi.org/10.2139/ssrn.3392228
Publication status	Published - 13 Dec 2019

Structured keywords

LAW Centre for Law and Enterprise
LAW Centre for Global Law and Innovation

Keywords

European public law
trans-EU public law
public procurement
collaborative procurement
Directive 2014/24/EU

Access to Document

10.2139/ssrn.3392228

Full-text PDF (accepted author manuscript)
This is the author accepted manuscript (AAM). The final published version (version of record) is available online via Sweet and Maxwell via Westlaw at https://uk.westlaw.com/Document/IFDBCC390156811EABC7885DCF72A2E27/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad73aa6000001764d0725e728970916%3FNav%3DRESEARCH_COMBINED_WLUK%26fragmentIdentifier%3DI192C00901A8811EA9769B670335A5208%26parentRank%3D0%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=7c4fad4d2b3a504d4ed40807a0db5ba3&list=RESEARCH_COMBINED_WLUK&rank=1&sessionScopeId=70ccfce8785606b5f788ad537c6d620c14d7901b2ea78473a8b505eebe5a440b&originationContext=Search%20Result&transitionType=SearchItem&contextData=(sc.Search)&comp=wluk&navId=19DCF87079E3B97A4159875DCC693C67. Please refer to any applicable terms of use of the publisher.
Accepted author manuscript, 415 KB

Handle.net

Persistent link

Professor Albert Sanchez Graells
- a.sanchez-graellsbristol.acuk
- University of Bristol Law School - Professor of Economic Law
Person: Academic

Cite this

@article{4341c347021c40fcab3f497e2b93aa54,

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

abstract = "Trans-EU collaborative procurement is a fertile {\textquoteleft}living lab{\textquoteright} 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{\textquoteright} administrative autonomy. The paper critically assesses the EU legislative competence in this area, extracts consequences for balancing trans-EU collaboration with {\textquoteleft}mandatory public law requirements{\textquoteright} 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, Directive 2014/24/EU",

author = "{Sanchez Graells}, Albert",

year = "2019",

month = dec,

day = "13",

doi = "10.2139/ssrn.3392228",

language = "English",

volume = "29",

pages = "16--41",

journal = "Public Procurement Law Review",

issn = "0963-8245",

publisher = "Sweet & Maxwell",

number = "1",

}

TY - JOUR

T1 - The Emergence of Trans-EU Collaborative Procurement

T2 - A 'Living Lab' for European Public Law

AU - Sanchez Graells, Albert

PY - 2019/12/13

Y1 - 2019/12/13

N2 - 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.

AB - 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.

KW - European public law

KW - trans-EU public law

KW - public procurement

KW - collaborative procurement

KW - Directive 2014/24/EU

U2 - 10.2139/ssrn.3392228

DO - 10.2139/ssrn.3392228

M3 - Article (Academic Journal)

SN - 0963-8245

VL - 29

SP - 16

EP - 41

JO - Public Procurement Law Review

JF - Public Procurement Law Review

IS - 1

ER -

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

Abstract

Structured keywords

Keywords

Access to Document

Handle.net

Fingerprint

Profiles

Professor Albert Sanchez Graells

Cite this