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The Principle of Proportionality:

A Balance of Aims in Public Contracts

Carina Risvig Hamer


Keywords: proportionality, internal market, restrictions, exclusions grounds

The article explores and analysis how the principle of proportionality has developed over the years and how the principle is applied in EU public procurement law. It explores different justifications for exclusions of undertakings such as social and environmental considerations, and how the principle of proportionality is used when balancing the different aims in public procurement. It is argued that the principle of proportionality ultimately ensures the procurement rules are flexible and contributes to safeguarding and developing the aims in public contracts.
Keywords: proportionality; internal market; restrictions; exclusions grounds

Carina Risvig Hamer, PhD, professor in administrative law and public procurement law at the Faculty of Law, University of Copenhagen. The article is part of the research project PROCUREGREEN funded by the Independent Research Fund, Denmark, case number: 1127-00220B. The author would like to thank Rasmus Horskjær Nielsen, Ezgi Uysal and Roberto Caranta for comments and discussions on earlier drafts. Getting feedback and academic discussions is the best part of working in academia.


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