Fine-tuning the definition of “contracting authority” for increased precision and clarity

Miguel Assis Raimundo

Chapter 3 in Reforming EU Public Procurement, 2026, pp 26-38 from Edward Elgar Publishing

Abstract: The design of the scope of the entities covered by EU public procurement rules is crucial for the system of public procurement. Some of the most important caselaw on EU public procurement resulted from issues regarding the scope, especially the paramount notion of “bodies governed by public law.” In recent years, the caselaw has become rarer, and the 2014 Directives on public procurement explicitly assumed the intention of not changing the main principles of the law on this topic. Notwithstanding, it is possible to point out a few aspects where the solutions can be clarified or improved. Namely, this would be the occasion to eliminate ambiguities in the category of “associations of contracting authorities.” Some of the caselaw of the Court of Justice on the notion of bodies governed by public law could also be codified, introducing greater clarity on issues such as majority funding and joint control.

Keywords: Contracting authority; Associations of contracting authorities; Bodies governed by public law; Majority funding; Management control (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035368266
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