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Permitted Modifications of Public Contracts in the EU Court of Justice Case Law and in the New Directives of Public Procurement Law

In: Eurasian Economic Perspectives

Author

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  • Krzysztof Horubski

    (University of Wroclaw)

Abstract

The new EU directives of public procurement law, which the implementation period expires in April 2016, for the first time in the history of regulation this area of the EU internal market introduced rules concerning the exercise of public contracts. The legal framework of this regulation also covered the issues modification of public contracts during their execution. The rules defining the scope of the admissibility of such changes represent an attempt to find the right formula between the striving for effective execution of the contract in the situation of the need to adapt to changing conditions and requirements of equal treatment and procedural transparency to entities interested in the execution of contracts a given type. The importance of this issue for the protection of the public procurement market competitiveness and fairness to compete for contract in the procurement procedures was noticed in the case law of the Court of Justice of the European Union (CJEU) for many years. The importance of this issue for the protection of the public procurement market competitiveness and fairness to compete for order in the proceedings for many years noticed in the case law the CJEU. The aim of the article is to illustrate the development and evolution of EU jurisprudence on these issues and to show what effect this process has received in legal regulation of the new law on public procurement directives.

Suggested Citation

  • Krzysztof Horubski, 2018. "Permitted Modifications of Public Contracts in the EU Court of Justice Case Law and in the New Directives of Public Procurement Law," Eurasian Studies in Business and Economics, in: Mehmet Huseyin Bilgin & Hakan Danis & Ender Demir & Ugur Can (ed.), Eurasian Economic Perspectives, pages 59-73, Springer.
    • Handle: RePEc:spr:eurchp:978-3-319-67916-7_4
    DOI: 10.1007/978-3-319-67916-7_4
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