Lessons from Jurisprudence

  • Christopher Bovis


Subjecting the public procurement legal framework to the scrutiny of the European Court of Justice has revealed a distinctive pattern. This pattern is reflected in the Court’s judgements and embraces two approaches: a positive and at the same time a restrictive interpretation of the regime. Although at first sight the stance taken by the European judiciary may seem contradictory, the Court’s bi-focal approach, serves the European institution’s efforts to strengthen the three principles (non-discrimination, objectivity and transparency) underlying the regulation of public procurement1 It is worth mentioning the emphasis that the legal regime has placed in pursuing these principles in the preamble of the Works Directive …it is necessary to improve and extend the safeguards in the directives that are designed to introduce transparency into the procedures and practices for the award of such contracts, in order to be able to monitor compliance with the prohibition of restrictions more closely and at the same time to reduce disparities in the competitive conditions faced by nationals of different Member States.


National Court Public Procurement Contracting Authority Public Contract Advantageous Offer 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.


Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.


  1. 14.
    P. Nicolaides (ed.), Industrial Policy in the European Community: A Necessary Response to Economic Integration, 1993.Google Scholar
  2. 16.
    C. Bovis, Business Law in the European Union, 1997.Google Scholar
  3. 17.
    C. Bovis, The Regulation Public Procurement as an Instrument of Industrial Policy in the Common Market in T. Lawton (ed.) European Industrial Policy and Competitiveness: concepts and instruments, 1998.Google Scholar
  4. 18.
    Dunning, J.H. (1979), Explaining Changing Patterns of International Production: in Defence of the Eclectic Theory, Vol. 41, No. 4, pp. 269–295.Google Scholar
  5. 19.
    Dunning, J.H. (1993), The Globalisation of Business, The Challenge of the 1990s.Google Scholar
  6. 21.
    McLachlan, D.L. (1985), Discriminatory Public Procurement, Economic Integration and the Role of Bureaucracy, Vol. 23, No. 4, pp. 357–372.Google Scholar
  7. 22.
    Porter, M.E. (1990), The Competitive Advantage of Nations, Macmillan, London.CrossRefGoogle Scholar
  8. 23.
    Prahalad C.K. and Y. Doz (1987), The Multinational Mission, Balancing Local Demands and Global Vision.Google Scholar
  9. 24.
    Dunning, J. (1982), Multinational Enterprises in the 1970’s.Google Scholar
  10. 25.
    Vandermerwe, S., A Framework for constructing Euro-networks, Vol. 11, No. 1, pp. 55–61.Google Scholar
  11. 26.
    Tirole, J. (1988), The Theory of Industrial Organization, The MIT Press, Cambridge.Google Scholar
  12. 28.
    Flamme et Flamme, Enfin l’ Europe des Marchés Publics, 1989.Google Scholar
  13. 83.
    Abravanel, R. and D. Ernst (1992), Alliance and acquisition strategies for European national champions, pp. 45–62.Google Scholar
  14. 84.
    Abravanel, R. and D. Ernst (1992), Alliance and acquisition strategies for European national champions, pp. 45–62.Google Scholar
  15. 85.
    Davies, S. and B. Lyons (1993), The EC Industrial Organization Data Matrix.Google Scholar
  16. 89.
    European Commission, Statistical Performance for keeping watch over public procurement, 1992.Google Scholar

Copyright information

© Christopher Bovis 2005

Authors and Affiliations

  • Christopher Bovis

There are no affiliations available

Personalised recommendations