Eu Public Procurement Law & Self-Organisation: A Nexus of Tensions & Reconciliations

The nexus between EU public procurement law and self-organisation of the Member States and their public authorities in the European Union is often misunderstood. This book is the first comprehensive analysis of this relationship and aims to provide a greater understanding of this topic. It creates food for thought to improve the law. This book offers in-depth studies on how EU public procurement law interacts with the most noteworthy aspects of self-organisation on the national level. The allocation of responsibilities and competences, self-supply, institutionalized cooperation, non-institutionalised cooperation, cooperation based on exclusive rights and the make-or-buy decision are scrutinized. Based on qualitative and comparative research, it provides a detailed discussion of these exclusions and exemptions from EU public procurement law in light of the 2014 Directives on public procurement, the case-law of the Court of Justice of the European Union and the Dutch Courts, and other relevant sources. Timely and engaging, this book will appeal to academic scholars, legislators and practitioners interested in gaining a deeper understanding of the scope of EU public procurement law. Exploring the discretionary power for public authorities to organize themselves, it will also inform these authorities when they aim to provide services with their own resources or in cooperation with other authorities. Similarly, it informs third parties that want to uphold the obligations of the law before the courts.

CHAPTER 1. INTRODUCTION; CHAPTER 2. UNDERSTANDING THE NEXUS: EU PUBLIC PROCUREMENT LAW; CHAPTER 3. UNDERSTANDING THE NEXUS: SELF-ORGANISATION OF THE EU MEMBER STATES; CHAPTER 4. ALLOCATION OF RESPONSIBILITIES AND COMPETENCES & EU PUBLIC PROCUREMENT LAW; CHAPTER 5. SELF-SUPPLY & EU PUBLIC PROCUREMENT LAW; CHAPTER 6. INSTITUTIONALISED COOPERATION & EU PUBLIC PROCUREMENT LAW; CHAPTER 7. NON-INSTITUTIONALISED COOPERATION & EU PUBLIC PROCUREMENT LAW; CHAPTER 8. COOPERATION BASED ON AN EXCLUSIVE RIGHT & EU PUBLIC PROCUREMENT LAW; CHAPTER 9. THE MAKE-OR-BUY DECISION & EU PUBLIC PROCUREMENT LAW; CHAPTER 10. TOWARDS RECONCILING CURRENT & FUTURE TENSIONS