Of many sticks and one mutant carrot

Roberto Caranta

Chapter 11 in Reforming EU Public Procurement, 2026, pp 150-168 from Edward Elgar Publishing

Abstract: In a changing global trade law context, the EU is increasingly using public contracts to ensure reciprocal market access with third countries and to fight against unfair competitive practices of those same countries. In this context, the recent case law of the Court of Justice of the European Union has left it to each contracting authority or entity to decide whether economic operators from third countries that do not have a reciprocal market opening agreement with the EU (non-covered economic operators) may be allowed or not to participate in their public procurement procedures; and, if they do, to devise “adjustments” consequent to that participation. This is hardly workable, and in the context of the forthcoming reform, EU rules should be adopted to better guide those contracting authorities and entities in dealing with third country economic operators.

Keywords: WTO GPA; Third country bidders; International Procurement Instrument; Kolin (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035368266
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