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Swimming Against the Tide

The Harmonisation of Self-organisation through Article 12 Directive 2014/24/EU

Willem Janssen


Keywords: national legislatures, institutionalised exemptions, non-institutionalised exemptions, public tasks

This contribution delves into the discretionary power of national legislatures to implement additional or altered criteria in light of Article 12 of Directive 2014/24/EU (ie the institutionalised and non-institutionalised exemptions). Sparked by national implementations of this provision, it creates a stomping-ground for broader discussions on self-organisation within EU public procurement law. In light of the Lithuanian Case law that has been brought before the CJEU (Irgita Case, pending), it discusses what type of harmonisation was used for this provision, if these implementations are, thus, valid in light of EU law, and what this means for the influence of EU public procurement law on the organisation of public tasks on the Member State level.

Dr Willem A Janssen, PhD, LLM, is Assistant professor, Public Procurement Research Centre (PPRC) and Utrecht Centre for Regulation & Enforcement (RENFORCE) at Utrecht University’s Law School. The author is grateful for the discussions about harmonisation with Ton van den Brink, about the Finnish implementation with Kirsi-Maria Halonen and about the Lithuanian implementation with Deividas Soloveičik. The research assistance of Luna Snellenberg was greatly appreciated. On 3 October 2019, the CJEU gave its judgement in the Irgita Case (C-285/18). This contribution was accepted in full by EPPPL prior to the CJEU’s judgment in this case and is, therefore, not discussed and referred to as ‘pending’.


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