This chapter considers where, and in what ways, EU general principles have had the most significant impact on public procurement law, both under relevant EU directives and under the TFEU. It first discusses the development of the CJEU's case law, and then considers what the impact of the CJEU's case law on the general principles has been on the procurement policies of the Member States. It concludes by addressing whether, through its usage of general principles in case law, the CJEU has more or less 'merged' the TFEU and directive-based procurement regimes, and what the consequences of such a merger are for public purchasing authorities."
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Front Matter
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PART I: FOUNDATIONS AND PERSPECTIVES FROM INTERNATIONAL AND COMPARATIVE LAW
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PART II: COMPETENCES
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PART III: STRUCTURAL AND FORMAL CONSTITUTIONAL PRINCIPLES
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PART IV: CONSTITUTIONAL FOUNDING VALUES
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PART V: EQUAL TREATMENT AND NON-DISCRIMINATION
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PART VI: FREE MOVEMENT AND INTERNAL MARKET
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PART VII: PRIVATE LAW
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PART VIII: AREA OF FREEDOM, SECURITY AND JUSTICE
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PART IX: EXTERNAL RELATIONS
