On Friday, June 15, 2018 at 10.30 hrs. Willem Janssen (department of Law) will defends his dissertation titled: European Procurement Law & Self-organization A Nexus of Tensions and Reconciliations.
Understanding the nexus
The nexus between EU public procurement law and self-organisation of the EU Member States and their public authorities is often misunderstood. Public authorities and market parties alike struggle with it in practice. It is often contrarily argued that there is either too much or too little discretionary power for public authorities within EU public procurement law to organise themselves and to deliver services for their own organization and citizens.
This research answers the question how the legal tensions that emerge in the nexus between self-organisation by the EU Member States and their public authorities, and the effectiveness of EU public procurement law can be reconciled. Janssen aims to provide a greater understanding of this nexus by offering the first comprehensive analysis in his dissertation.
Reconciling tensions in the nexus
This research argues that a right to self-organisation has been established in the context of EU law. When contractual agreements fall within the scope of EU public procurement law, the right to self-organisation will need to be balanced with the effectiveness of this field of law, which aims to establish an internal market for public contracts.
This required balance is discussed in detail through in-depth studies about the most noteworthy aspects of self-organisation on the national level. The allocation of responsibilities and competences, self-supply, institutionalised cooperation, non-institutionalised cooperation, cooperation based on exclusive rights and the make-or-buy decision are scrutinised. Based on qualitative and comparative research, it discusses the lack of certainty, consistency and coherency in the nexus discussed.
Recommendations are made to improve the nexus. For example, Janssen argues that the discretionary power for self-organisation, such as for commercial activities of public authorities, must be limited, that the exclusive-right exemption must be abolished, and that more substantive debate needs to occur about regulating the make-or-buy decision. These and other recommendations would be able to reconcile the discussed tensions and improve the nexus for the future.