Title SESV sutarties 346 straipsnyje įtvirtintos išimties taikymas gynybos ir saugumo srities viešiesiems pirkimams /
Translation of Title TFEU clause 346 application to defence and security public procurement.
Authors Kuzminskas, Vilius
DOI 10.15388/Teise.2018.106.11658
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Is Part of Teisė.. Vilnius : Vilniaus universiteto leidykla. 2018, t. 106, p. 144-159
Keywords [eng] public procurement ; European law ; EU law contradictions
Abstract [eng] The article discloses in the Treaty of Function of European Union article 346 fixed exception and examines specific conditions, applicable for the implementation of this clause. The exclusion provides ability for the EU member states to depart from the mandatory application of European law for the procurement in defense area. Point of views to the application of this exclusion for defense area procurement are analyzed and disclosed – the view of the European Commission, European Court of Justice and procurement in defense area doctrine. Primary and secondary EU law contradictions, that concerns analyzed clause, are revealed and interpretations reasonableness problems, discovered in primary and secondary EU law, are disclosed. The main object of this article is to investigate European Commission point of view to the application of the exclusion fixed in TFEU clause 346 and conclude if this position is based on excess requirements, that burdens implementation of this exclusion and are not reasoned in primary European Union law and procurement in defense area doctrine. With reference to the purpose of this article, analysis based to up-to-date European Court of Justice Cases, European Union Commission softlaw and defense area procurement doctrine contradictions are provided and analyzed. Lastly, clauses, concerned to TFEU 346 article implementation and confirmed in European Court of Justice Cases are disclosed.
Published Vilnius : Vilniaus universiteto leidykla
Type Journal article
Language Lithuanian
Publication date 2018