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Third-Country Economic Operators in EU Public Procurement Law: Conditions for Market Participation


ISBN13: 9781035387076
To be Published: May 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £100.00





This informative book investigates the conditions in which third-country economic operators are able to participate in the EU public procurement market and analyzes how they are to be treated by contracting authorities. Marko Turudić explores the current legal landscape of EU public procurement law and its implications for competition, the rule of law, and international trade relations.

Turudić provides an in-depth evaluation of the EU’s legislative instruments and international trade agreements, with a focus on market access reciprocity. Chapters examine specific examples of CJEU’s judgements on third-country economic operator participation, such as the Kolin (C-652/22) and Qingdao (C-266/22) cases. The book also explores the approaches of the Commission and the EU Member States to interpreting CJEU case-law and identifies key issues relating to current legislation on third-country market participation. The book concludes by setting out potential improvements to better facilitate third-party market participation in the future.

Written in a clear and accessible manner, this book is an invaluable resource for students and scholars in administrative, competition, international trade, and public procurement law. Its insights into EU procurement law makes this useful for policymakers and practitioners in the EU.

Subjects:
EU Law, Public Procurement
Contents:
Preface

PART I INTRODUCTION
1. Introduction

PART II FREE TRADE AGREEMENTS AND LEGISLATIVE SOLUTIONS
2. Trade agreements and reciprocity
3. The 2014 public procurement directives and third-country economic operator participation
4. EU legal instruments and third-country economic operators

PART III CJEU AND THIRD-COUNTRY ECONOMIC OPERATORS
5. Third-country economic operators in CJEU case-law
6. Open questions

PART IV INTERPRETATION OF CJEU CASE-LAW
7. Commission’s guidance on Kolin and Qingdao
8. Divergent national approaches to Kolin and Qingdao

PART V CONCLUSION
9. Conclusion – A better solution for third-country economic operator participation?