Moving In and Out of the Shadow of European Case Law: the Dynamics of Public Procurement in the Post-Post-Rüffert Era
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Moving In and Out of the Shadow of European Case Law : the Dynamics of Public Procurement in the Post-Post-Rüffert Era. / Refslund, Bjarke; Jaehrling, Karen ; Johnson, Mathew; Koukiadaki , Aristea ; Larsen, Trine Pernille; Stiehm, Christin .
In: Journal of Common Market Studies, Vol. 58, No. 5, 29.01.2020, p. 1165-1181.Research output: Contribution to journal › Journal article › Research › peer-review
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TY - JOUR
T1 - Moving In and Out of the Shadow of European Case Law
T2 - the Dynamics of Public Procurement in the Post-Post-Rüffert Era
AU - Refslund, Bjarke
AU - Jaehrling, Karen
AU - Johnson, Mathew
AU - Koukiadaki , Aristea
AU - Larsen, Trine Pernille
AU - Stiehm, Christin
PY - 2020/1/29
Y1 - 2020/1/29
N2 - Judicial Europeanization, particularly European case law and the Rüffert ruling, has created significant legal uncertainty in the use of labour clauses in public procurement, which may constrain national policymakers. However, national actors find ways to ‘push back’ against Europeanization in order to prioritize domestic policy goals. By analysing the long‐term political dynamic surrounding public procurement in Denmark, Germany and the UK since the implementation of the revised 2014 public procurement directive, we show how both national actors, and actors at subnational level, where much public procurement actually takes place, contest the Europeanization of public policies. Variation in the willingness and ability of actors to leverage the legal uncertainty to adopt labour clauses results in diverging policy trajectories, but also creates a room for policy innovation. This alters the ultimate outcome of the European regulatory agenda and results in a continued divergence of public policies across member states.
AB - Judicial Europeanization, particularly European case law and the Rüffert ruling, has created significant legal uncertainty in the use of labour clauses in public procurement, which may constrain national policymakers. However, national actors find ways to ‘push back’ against Europeanization in order to prioritize domestic policy goals. By analysing the long‐term political dynamic surrounding public procurement in Denmark, Germany and the UK since the implementation of the revised 2014 public procurement directive, we show how both national actors, and actors at subnational level, where much public procurement actually takes place, contest the Europeanization of public policies. Variation in the willingness and ability of actors to leverage the legal uncertainty to adopt labour clauses results in diverging policy trajectories, but also creates a room for policy innovation. This alters the ultimate outcome of the European regulatory agenda and results in a continued divergence of public policies across member states.
U2 - 10.1111/jcms.13023
DO - 10.1111/jcms.13023
M3 - Tidsskriftartikel
VL - 58
SP - 1165
EP - 1181
JO - Journal of Common Market Studies
JF - Journal of Common Market Studies
SN - 0021-9886
IS - 5
ER -
ID: 252827237