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

Wauters, Kris (2014) CJEU case law on cooperative agreements between public authorities and its influence on certain national legal systems. PhD thesis, University of Glasgow.

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Printed Thesis Information: https://eleanor.lib.gla.ac.uk/record=b3089405

Abstract

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.

Item Type: Thesis (PhD)
Qualification Level: Doctoral
Keywords: public procurement, EU law, cooperation between public authorities, influence on national law systems
Subjects: K Law > K Law (General)
Colleges/Schools: College of Social Sciences > School of Law
Supervisor's Name: Greaves, Mrs. Rosa
Date of Award: 2014
Depositing User: Mr. Kris Wauters
Unique ID: glathesis:2014-5765
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 05 Dec 2014 09:38
Last Modified: 05 Dec 2014 14:42
URI: http://theses.gla.ac.uk/id/eprint/5765

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