<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The article examines the case-law of the Court of Justice of the European Union on Public Procurement issues. On the one hand, the paper analyzes the control exercised by the Court in this area while the Member States implement the Public Procurement Directives by transposing them into national law or by administrative practice which is subject to judicial review. The Court's control is executed through the interpretation of provisions and through actions taken by the European Commission against Member States for breaches of EU law in the area of Public Procurement. On the other hand, in the references for a preliminary ruling, the Court of Justice of the EU defines some basic terms, such as 'public procurement' (at Union level), a contractor, a minimum threshold, etc., and affirms the key principles that must be respected for the fulfilment of Public Procurement objectives such as transparency, competition and equal treatment. The article aims to show the contribution of the case-law of the Court of Justice of the European Union to the development and uniform application of Public Procurement legislation in the Member States and facilitates the functioning of the Internal market</p></abstract>

The article examines the case-law of the Court of Justice of the European Union on Public Procurement issues. On the one hand, the paper analyzes the control exercised by the Court in this area while the Member States implement the Public Procurement Directives by transposing them into national law or by administrative practice which is subject to judicial review. The Court's control is executed through the interpretation of provisions and through actions taken by the European Commission against Member States for breaches of EU law in the area of Public Procurement. On the other hand, in the references for a preliminary ruling, the Court of Justice of the EU defines some basic terms, such as 'public procurement' (at Union level), a contractor, a minimum threshold, etc., and affirms the key principles that must be respected for the fulfilment of Public Procurement objectives such as transparency, competition and equal treatment. The article aims to show the contribution of the case-law of the Court of Justice of the European Union to the development and uniform application of Public Procurement legislation in the Member States and facilitates the functioning of the Internal market

The Impact of the Case-Law of the Court of Justice of the European Union in the Field of Public Procurement

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This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The article examines the case-law of the Court of Justice of the European Union on Public Procurement issues. On the one hand, the paper analyzes the control...

The Impact of the Case-Law of the Court of Justice of the European Union in the Field of Public Procurement

Publié en ligne: 26 juil. 2018

Pages: 189 - 193

DOI: https://doi.org/10.1515/kbo-2018-0088

Mots clés
public procurement, Court of Justice of the European Union, case-law

© 2018 Albena Ivanova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The Impact of the Case-Law of the Court of Justice of the European Union in the Field of Public Procurement

Publié en ligne: 26 juil. 2018

Pages: 189 - 193

DOI: https://doi.org/10.1515/kbo-2018-0088

Mots cléspublic procurement, Court of Justice of the European Union, case-law

© 2018 Albena Ivanova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
public procurement, Court of Justice of the European Union, case-law