Help us choose the next section to cover for the TnT commentary

As we are drawing curtains on the European preference chapter of the proposed Public Procurement Act, we have a poll on Linkedin running for the next week to help us decide which section should fall under our legal scalpel.

I think we chose some meaty options to keep us entertained between mid-November and say Christmas or early January. Our plan from the third week of November onwards is to do two posts a week as I will finally be clear of all my teaching this semester. Anyway, here are the options:

Articles 21-29 – Part II Title II Economic operators (Chapter 1 - General provisions, and Chapter 2 - Exclusion grounds and selection criteria)
Articles 50-69 – Part III Title II Strategic design and execution of public procurement
(Chapter 1 - Green public procurement, Chapter 2 - Socially responsible public procurement, Chapter 3 - Public procurement of innovation and Chapter 4 - Security and resilience),
Articles 88-103 – Part III Title III Horizontal provisions (Chapter 2 - Subject-matter of the contract and means of proof, and Chapter 3 - Conduct of the procedure)

(We chose these ones as they are likely to survive in some way or form any attempt to butcher the Act and make it into a Directive or a mixed skinny Regulation + Directive.)

Article 75 - Union restrictions for third-country non-covered economic operators, goods, services and works

Article 75 appears to be a simple article, giving the European Commission the powers to adopt the necessary delegated acts to mandate the application of the European preference included in Article 73 in accordance with the conditions imposed by Article 141. What is optional and to the discretion of the

Article 74 - Origin

Article 74 appears to be a simple one at first glance, as it simply points towards different pieces of legislation where to identify the origin of economic operators, subcontractors and goods. For services and works it mostly follows the rules for economic operators/subcontractors and goods. Marko's entry

Article 73 - European preference requirements

Article 73 creates the operational requirements that public buyers are to consider when implementing European preference requirements. Effectively, this article allows but does not mandate the discrimination of economic operators, goods, services and works. This is an Article that requires a careful side-by-side reading with Articles 71 and

Article 72 - Restrictions on covered economic operators, goods, services or works

This article provides the Commission with wide ranging powers to introduce amendments to Article 70 via delegated acts, effectively excluding economic operators, goods, services or works from certain third-countries from being considered covered. As such, if the Commission were to exercise this power, for example, it could bar American

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Article 75 - Union restrictions for third-country non-covered economic operators, goods, services and works

Article 74 - Origin

Article 73 - European preference requirements

Article 72 - Restrictions on covered economic operators, goods, services or works