CJEU case law on cooperative agreements between public authorities and its influence on certain national legal systems

K Law (General)

Wauters, Kris ; Greaves, Rosa

University:University of Glasgow

Department:School of Law

关键词: public procurement, EU law, cooperation between public authorities, influence on national law systems;   

Others  :  http://theses.gla.ac.uk/5765/1/2014Wautersphd.pdf

来源: University of Glasgow

【 摘 要 】

The present thesis examines how and to what extent EU (public procurement) law has an influence on the way a public authority organises and discharges its public service tasks. The object of the thesis is limited to cooperative agreements (public contracts and service concessions) concluded between public authorities as a means to organise or discharge public service tasks. The objectives of EU internal market law and public procurement law bring the decision of public authorities to cooperate within the scope of EU law. Each time such decision could distort competition or hinder market access, EU internal market law applies. The CJEU has elaborated criteria on the basis of the public procurement Directives, which determine when such distortion or hindrance is present. These criteria determine when EU (public procurement) law influences national administrative law. This influence is apparent in the case law of the Supreme Courts in France and England.