Developing public procurement regulation: Jurisprudence and its influence on law making

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Series Details Vol.43, No.2, April 2006, p461–495
Publication Date April 2006
ISSN 0165-0750
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Publishers Abstract:
Public procurement regulation has evolved dynamically through the Court's jurisprudence. Over the years, the Court has been providing intellectual support to the efforts of European institutions in order to strengthen the three fundamental principles underlying the regulation of public procurement (non-discrimination, competition and transparency). The contribution of the Court also points towards the strategic goal of arming the regime wherever possible with direct effect, in order to enhance access to justice at national level, to improve compliance, to increase the quality of its application and finally to streamline the public procurement regulation across the common market by introducing an element of uniformity. This article identifies the themes which embrace the recent judicial developments on public procurement. It provides for a codification of these themes in relation to the established doctrines in the application of public procurement rules. Finally, the article sheds light on the Court's influence in the law-making process of public procurement regulation.

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