Suchergebnisse

Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.

The ECJ has frequently stated that it is a general rule that "economic" aims are precluded as justifications for restrictions on free movement. This on its face suggests that free movement always and automatically trumps national economic interests. However, in reality the Court's approach to balancing these different interests is much more complex: often, and increasingly, interests of an economic nature are in fact recognised in the Court's case law. This paper suggests that this rule precluding economic aims as justifications therefore requires reformulating. It is argued that this is necessary not merely to reflect the reality of the case law, but also to improve the transparency and quality of judicial decision-making. The paper then also examines how the current prohibition might be reformulated in light of both the policy considerations underlying the current formulation (embodying a degree of caution in accepting economic interests) and the problems with that formulation. It is suggested that it is appropriate to maintain a kind of rule against economic objectives, but a more nuanced one concerned solely with measures that have a protectionist aim – the original target of the "general" rule prohibiting economic justifications. On the other hand, with measures that do not have protectionist aims, recognition of economic objectives should be determined on a case-by-case basis that is attuned to the wide variety of economic interests that exist. An important group of measures within the latter category comprises those directed at protection of Member States' budgetary interests. These warrant special attention and the paper also examines how these interests can be suitably addressed within the context of the framework proposed above. According to the Court's current approach, in theory budgetary justifications are prohibited as a consequence of the rule against economic justifications in general. However, it is explained that, like certain other economic justifications, they are in reality often permitted, ...