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Journal article 687 views 115 downloads

The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)

Pedro Telles Orcid Logo

Public Contract Law Journal, Volume: 43, Pages: 3 - 25

Swansea University Author: Pedro Telles Orcid Logo

Abstract

Public procurement regulation in the European Union is divided into two main tiers: above and below the EU financial thresholds. Above-thresholds, EU rules including the public procurement Directives are fully applicable but cover only 17.7% of the total spend in public procurement in the EU. Below,...

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Published in: Public Contract Law Journal
Published: 2013
Online Access: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2308503
URI: https://cronfa.swan.ac.uk/Record/cronfa22645
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spelling 2017-01-23T12:31:44.7829046 v2 22645 2015-07-23 The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note) cbb9f02a4820888c1b6c3ce352009a0b 0000-0002-0666-6351 Pedro Telles Pedro Telles true false 2015-07-23 LAWD Public procurement regulation in the European Union is divided into two main tiers: above and below the EU financial thresholds. Above-thresholds, EU rules including the public procurement Directives are fully applicable but cover only 17.7% of the total spend in public procurement in the EU. Below, national laws rule, and EU Treaty principles are only applicable in case where there is cross-border interest. The Court of Justice of the European Union has tried for over 10 years to define what constitutes cross-border interest without being entirely able to solve the legal uncertainty created. Whereas scholars have so far looked only into improving the cross-border interest test or raising the thresholds, this paper argues that the legal and practical issues raised by this two-tier system could be solved by lowering the EU thresholds. In this scenario, the majority of all public contracts tendered in the European Union would be covered thus recognizing they are part of the present day Internal Market. Journal Article Public Contract Law Journal 43 3 25 public procurement, EU, procurement law, thresholds, CJEU, ECJ, cross-border interest 23 11 2013 2013-11-23 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2308503 COLLEGE NANME Law COLLEGE CODE LAWD Swansea University 2017-01-23T12:31:44.7829046 2015-07-23T10:59:39.6591206 Hillary Rodham Clinton School of Law Law Pedro Telles 0000-0002-0666-6351 1 0022645-07012016110806.pdf GoodBadUgly.pdf 2016-01-07T11:08:06.4500000 Output 157009 application/pdf Proof true 2016-01-07T11:08:06.0000000 false
title The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)
spellingShingle The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)
Pedro Telles
title_short The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)
title_full The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)
title_fullStr The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)
title_full_unstemmed The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)
title_sort The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)
author_id_str_mv cbb9f02a4820888c1b6c3ce352009a0b
author_id_fullname_str_mv cbb9f02a4820888c1b6c3ce352009a0b_***_Pedro Telles
author Pedro Telles
author2 Pedro Telles
format Journal article
container_title Public Contract Law Journal
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container_start_page 3
publishDate 2013
institution Swansea University
college_str Hillary Rodham Clinton School of Law
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hierarchy_top_title Hillary Rodham Clinton School of Law
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hierarchy_parent_title Hillary Rodham Clinton School of Law
department_str Law{{{_:::_}}}Hillary Rodham Clinton School of Law{{{_:::_}}}Law
url http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2308503
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description Public procurement regulation in the European Union is divided into two main tiers: above and below the EU financial thresholds. Above-thresholds, EU rules including the public procurement Directives are fully applicable but cover only 17.7% of the total spend in public procurement in the EU. Below, national laws rule, and EU Treaty principles are only applicable in case where there is cross-border interest. The Court of Justice of the European Union has tried for over 10 years to define what constitutes cross-border interest without being entirely able to solve the legal uncertainty created. Whereas scholars have so far looked only into improving the cross-border interest test or raising the thresholds, this paper argues that the legal and practical issues raised by this two-tier system could be solved by lowering the EU thresholds. In this scenario, the majority of all public contracts tendered in the European Union would be covered thus recognizing they are part of the present day Internal Market.
published_date 2013-11-23T03:33:06Z
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