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EU Public Procurement Law & Self-organisation

A Nexus of Tensions & Reconciliations

EU Public Procurement Law & Self-organisation
  • Year of publication 2018
  • 356 pages
Author:Willem A. Janssen
Category: Law European Law
Icon_printbook 978‐94‐6236‐863‐7 | paperback | 1st edition | € 48.00

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 fi rst 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, institutionalised cooperation, non-institutionalised cooperation, cooperation based on exclusive rights and the make-or-buy decision are scrutinised. 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.

Recommendations

This is a timely and well-written book. It’s very valuable to the research community. It masterly surveys a vast range of EU procurement concepts and EU case law and provides valuable insights in the evolution and growing importance of EU Law and it’s relation to the powers for public authorities to organize themselves.

Prof dr. Steven Van Garsse (University of Hasselt & University of Antwerp)

In his dissertation ... Willem Janssen clarifies that the - politically highly favoured - cooperation between public partners is one of the many options for public entities to meet their needs. The book gives a very useful overview of the questions that first must be answered before the choice between self-supply, institutionalised or non-institutionalised cooperation and cooperation based on exclusive rights can effectively be made. [...] Much attention is given to the relationship with public procurement law and relevant national and EU-jurisprudence. [T]he result of Janssen’s in-depth research is a must read for anyone active and/or interested in this field.

Anne Fischer (Vice-Chair, Commissie van Aanbestedingsexperts (Committee of Public Procurement Experts))

Willem Janssen's book on public procurement and self-organisation is undoubtedly the most comprehensive book on the subject to date. Willem addresses the highly complex issues of the book in a systematic and pedagogical manner and makes difficult legal concepts such as institutionalized and non-institutionalized cooperation available even for the general legal practitioner. The book also offers an exciting contribution to the debate on the question of self-supply and the state as an undividable contracting authority.

Erik Olsson (Partner at KahnPederson, Stockholm)

Author's information

W.A. (Willem) Janssen is an Assistant Professor at the law department of Utrecht University and a Researcher at the Public Procurement Research Centre of Twente University and Utrecht University. He specialises in European and Dutch public procurement law, but has a keen interest in a broad range of EU law issues relating to competition and the internal market.