Kirsi-Maria Halonen has written an excellent report for the Swedish Competition Authority on the the issue of separate operational units and how they work in different jurisdictions:
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Full report available for download here.
The final article in this chapter attempts to solve the mess created by the profusion over time of sectoral Union legislation hijacking interfacing with public procurement to use it for the achievement of various goals. Over time the left hand does not know what the right hand does and we
While Article 75 provides the Commission with the possibility of mandating the use of European preferences from Article 73, Article 76 restores the discretion to public buyers under certain circumstances, which in general seem to be inspired by how the negotiated procedure without prior notice can be used under the
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
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