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

Research output: Contribution to journalArticle

Original languageEnglish
Pages (from-to)16-41
Number of pages26
JournalPublic Procurement Law Review
Volume29
Issue number1
DateAccepted/In press - 25 Sep 2019
DatePublished (current) - 13 Dec 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.

    Structured keywords

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

    Research areas

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

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