The reasonable contracting authority: On the Interaction between EU Public Procurement Law and Dutch Law of Obligations in Tendering Procedures
PhD student: Mrs Dr S. Prent
Promotor: Prof C.E.C. Jansen
Duration: 1/10/2013 - 30/9/2017
PhD defence: Amsterdam, 7/9/2021
Government (or public) contracts are usually concluded after the successful completion of a tendering procedure. Whenever a company participates in such a procedure, it will at the same time have a bilateral (pre-)contractual relationship with the public authority organising the tendering procedure. At this moment, it is unclear what duties can be derived from such relationship in the framework of a (regulated) tendering procedure given that it is also unclear how public procurement law and national contract law interact. By answering these questions this project, firstly, seeks to contribute to the removal of legal uncertainty and therefore hopes to contribute to the decreasing of transaction costs. Secondly, more in general, the project seeks to contribute to the development of knowledge on the interaction between different systems of regulation.