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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 34 No. 2, 2018.

Professional paper

https://doi.org/10.25234/pv/5777

DIRECT APPLICATION OF PRIMARY EU LAW RULES AND PRINCIPLES TO AWARDS OF PUBLIC CONTRACTS

Danijel Stanković orcid id orcid.org/0000-0003-0551-7394 ; Court of Justice of the European Union, Rue du Fort Niedergrünewald, Boulevard Konrad Adenauer, Kirchberg, L-2925 Luxembourg, Luxembourg

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Abstract

The legal horizon of the public procurement area is not limited to the national legislation and the relevant EU directives relating to the public procurement, utilities procurement and concessions. It also comprises certain rules and principles of the EU primary law that apply to all awards of public contracts, as confirmed by the CJEU’s case-law. In this article, the author analyses the evolution of the CJEU’s case-law with respect to the application of TFEU rules, as well as the principles of equal treatment, non-discrimination, transparency and mutual recognition to awards of public contracts. The violations of those rules and principles can be subject of individual review procedures according to the national law, but also of infringement procedures instituted by the European Commission before the CJEU against Member States.

Keywords

public procurement; principles of public procurement; EU law; transparency

Hrčak ID:

204214

URI

https://hrcak.srce.hr/204214

Publication date:

30.8.2018.

Article data in other languages: croatian

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