Comparative Administrative Law… Legal transplants: resistance, acceptance and back again – an example from Spanish public procurement Law, by S Díez Sastre 15 Nov 202214 Nov 2022 Recent European scholarship on legal transplants reflects on the cross-linking effects of different institutions, legal principles, procedures, and tools in the so-called European Administrative Space, assessing the process and reactions…
Accountability… Opening the doors to civil society litigation in public contracts, by R Caranta 1 Nov 202230 Oct 2022 Summary Since 1971 (then) EEC directives have regulated award procedures for public procurement and later for concessions in order to create an internal market open to economic operators from all…
Equality… Why we need a doctrine of scarce government rights, by S Verbeyst, S Devroe and S Lierman 11 Oct 20229 Oct 2022 Summary Central to the doctrine of scarce government rights is the search for a transparent distribution system. Scarce rights are rights that are limited in number and where demand exceeds…
Public contracts (procurement and concessions) A new (questionable) chapter of the “beach concessions” saga: TAR Lecce makes a request for a preliminary ruling pursuant to Article 267 TFEU, by Camilla Burelli 20 Sep 202219 Sep 2022 Abstract: On 11 May 2022, the regional administrative Court of Lecce referred to the ECJ a question on the interpretation and validity of the directive 2006/123/EC. The (questionable) order is…
Effective judicial protection… We already said no. Why are you asking again? – A procurement perspective on Consorzio Italian Management e Catania Multiservizi II, by Albert Sanchez-Graells 7 Dec 20216 Dec 2021 The Judgment of the Court of Justice of 6 October 2021 in Consorzio Italian Management e Catania Multiservizi II (C-561/19, EU:C:2021:799) provides an interesting recast, expansion, and clarification of the…
Digitalisation… Beware of Paradigm Shifts: Response to Martínez Lorenzo’s ‘Cross-Border Interest and Digitalisation’ in EU Public Procurement Law, by Albert Sanchez-Graells 16 Nov 202114 Nov 2021 A recent REALaw.blog entry by Delia Lucía Martínez Lorenzo (2 Nov 2021) argued that the introduction of administrative simplification tools in the 2014 revision of the EU public procurement framework…
Digitalisation… A Paradigm Change in EU Public Procurement Law: Cross-Border Interest and Digitalisation, by Delia Lucía Martínez Lorenzo 2 Nov 20211 Nov 2021 Internal market rules traditionally aimed at abolishing barriers between Member States. In the context of public procurement legislation, the emphasis was put on the abolition of barriers to access to…
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