A Handbook on Discretion in Public Procurement
This handbook details an EU case law approach to the concept of discretionary eligibility within the context of public procurement. It provides examples from the jurisprudence of the Court of Justice of the European Union (CJEU) in order to provide insights into applicable discretionary power on the part of the contracting authority. The measurement of its tolerable range, as shown here, is directly related to the entire range of European law, and in particular to the general principles guiding its very own European spirit. Both EU and WTO grammatical interpretations are highlighted here as legitimized limits to the discretionary power exercised by public authorities.
Despoina Kotsi practices law in Athens, Greece, with a focus on public procurement law. She is currently a PhD candidate in Public Law, specialising in the right to education. She holds an LLB and LLM in Public law from the National and Kapodistrian University of Athens and an LLM in Public Law from the University Montesquieu Bordeaux IV, France. She was awarded “Best Member of the European Parliament” by the Institute for Research and Training on European Affairs, and has been an eight times nationwide distinguished poet.
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