On Competition, Free Movement and Procurement: Irgita's Public Cooperation Conundrum.

Janssen, Willem; Olsson, Erik

Competition, free movement and procurement are interrelated concepts that have long influenced the discretionary power of public authorities in the European Union to provide services through cooperation with other authorities. This contribution delves into this important issue, which should regain new attention because of the Irgita case before the CJEU. This case has seemingly created a legal conundrum for public cooperation and framework agreements. The discussion in this contribution brings to light the broad implications of this judgement for these two types of cooperation, and poses the question if the influence of EU public procurement law has made it (nearly) impossible to cooperate accordingly in the future.

EUROPEAN Union; COOPERATION; GOVERNMENT purchasing; LEGISLATION; PUBLIC law

European Procurement & Public Private Partnership Law Review, 2020, Vol 15, Issue 1, p2

2194-7376

Academic Journal

10.21552/epppl/2020/1/4