Third-Country Economic Operators in EU Public Procurement Law: Conditions for Market Participation
2 June, 12pm - 1pm
Online
Abstract
Third-Country Economic Operators in EU Public Procurement Law: Conditions for Market Participation
This book emerges from my research into the rapidly evolving context of third-country economic operator participation in EU public procurement. New legal instruments—the International Procurement Instrument, Foreign Subsidies Regulation, and Anti-Coercion Instrument—signal a regulatory shift, yet the true magnitude of change became apparent only with the CJEU's judgments in Kolin and Qingdao. I was surprised by those conclusions and believe them to be untenable, necessitating a new approach to this critical aspect of EU procurement law.
While Articles 25 and 43 of the 2014 Directives reserve favorable treatment for FTA-signatory operators, they remain vague on third-country access. The CJEU's interpretation created three cascading crises: excessive unguided discretion for contracting authorities, impossible legal uncertainty on applicable law, and systematic denial of judicial remedies and rule-of-law protections. Problematic subsequent interpretations by the Commission and Member States have deepened instability. Comparative analysis reveals how identical judgments produce polar-opposite results: Croatia maintains openness while Poland pursues market closure, fragmenting the internal market.
Drawing on constitutional principles, I propose four essential solutions: transparent admission decisions with mandatory explanations, mandatory score adjustments, elimination of vague differential treatment provisions, and equal remedial protection for all admitted operators.
About the Speaker
Marko Turudić is an Associate Professor of Administrative Law and Head of the Study Centre for Public Administration and Public Finances at the University of Zagreb Faculty of Law, specialising in EU public procurement, concessions, and administrative procedures. His research focuses on enforcement under the EU Remedies Directive and on third-country access to the EU procurement market, at the intersection of procurement law, trade policy, and international agreements.
He also serves as Croatia’s national correspondent for the European Procurement and Public-Private Partnership Law Review and European Defence & Security Law & Policy Quarterly and publish regularly in journals such as Public Procurement Law Review and EPPPL, with a strong emphasis on remedies and market access.
He's the authored several books on public procurement and EU cohesion policy, and a forthcoming monograph with Edward Elgar Publishing (May 2026) examines third-country economic operator access to EU public procurement in depth.
Alongside academic work, he advises contracting authorities and economic operators, speaks regularly at international conferences, and teaches and supervise doctoral research in public procurement law.