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The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)
Public Contract Law Journal, Volume: 43, Pages: 3 - 25
Swansea University Author:
Pedro Telles
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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,...
Published in: | Public Contract Law Journal |
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2013
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2308503 |
URI: | https://cronfa.swan.ac.uk/Record/cronfa22645 |
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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 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of 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) |
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cbb9f02a4820888c1b6c3ce352009a0b |
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cbb9f02a4820888c1b6c3ce352009a0b_***_Pedro Telles |
author |
Pedro Telles |
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Pedro Telles |
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Journal article |
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Public Contract Law Journal |
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43 |
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2013 |
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Swansea University |
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Faculty of Humanities and Social Sciences |
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Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of 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 |
2013-11-23T03:26:50Z |
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1763750980265967616 |
score |
11.021648 |