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Title: | Defining cross-border interest in the framework of public procurement legislation. A systematic review | Authors: | MARTINEZ LORENZO, Delia Lucia | Issue Date: | 2020 | Source: | ReaLaw Forum, Maastricht University, Maastricht, The Netherlands, 5-6/10/2020 | Abstract: | Originally introduced by the European Court of Justice, the presence of 'certain cross-border interest' is used to justify the application of EU principles to public procurement contracts that fall out the scope of EU law. Nonetheless, cross-border interest needs to be proven based on the criteria settled by the ECJ. This article presents firstly, the relevance of a definition for cross-border interest; secondly, a systematic review on the criterion provided by the ECJ on what constitutes cross-border interest and its evolution. Finally, the paper will discuss whether based on the criterion of the ECJ the expansion of digitalisation will render the presence of cross-border interest automatic, and in turn the applicability of EU principles to all public procurement contracts. | Keywords: | Cross-border interest;threshold;public procurement;EU principles | Document URI: | http://hdl.handle.net/1942/33270 | Category: | C2 | Type: | Conference Material |
Appears in Collections: | Research publications |
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