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Die Suche erzielte 2 Treffer.

On Competition, Free Movement and Procurement Journal Artikel

Irgita’s Public Cooperation Conundrum

Willem Janssen, Erik Olsson

European Procurement & Public Private Partnership Law Review, Jahrgang 15 (2020), Ausgabe 1, Seite 2 - 12

Competition, free movement and procurement are interrelated concepts that have long influenced the discretionary power of public authorities in the European Union to provide services through cooperation with other authorities. This contribution delves into this important issue, which should regain new attention because of the Irgita case before the CJEU. This case has seemingly created a legal conundrum for public cooperation and framework agreements. The discussion in this contribution brings to light the broad implications of this judgement for these two types of cooperation, and poses the question if the influence of EU public procurement law has made it (nearly) impossible to cooperate accordingly in the future. Keywords: Public cooperation; Procurement; Free movement; Competition.


Swimming Against the Tide Journal Artikel

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

Willem Janssen

European Procurement & Public Private Partnership Law Review, Jahrgang 14 (2019), Ausgabe 3, Seite 145 - 155

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.

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