Reforming the rules on public–public cooperation

Willem Janssen

Chapter 4 in Reforming EU Public Procurement, 2026, pp 39-52 from Edward Elgar Publishing

Abstract: This chapter delves into the rules on in-house and public–public cooperation and aims to provide reform proposals for Article 12 Directive 2014/24/EU. Within the context of the need for self-organisation by public authorities on the level of the Member States to achieve societal objectives, these proposals are tabled related to the institutionalised and non-institutionalised exemptions. Both exemptions allow public–public cooperation to take place without the need to award a contract via a public procurement procedure. It delves into pertinent questions relating to: 1) reversed and horizontal awards in joint control scenarios, 2) third party participation and private capital, 3) the question of scope in relation to the type of tasks for which these exemptions can be used and 4) the question of what turnover must be used in relation to the activities criteria. The chapter contextualises these issues and discusses them, aiming to feed them into the reform of Directive 2014/24/EU.

Keywords: Article 12 Directive 2014; 24; EU; Public–public cooperation; Institutionalised exemption; Non-institutionalised exemption; Legal uncertainty (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035368266
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