Swimming Against the Tide

This contribution delves into the discretionary power of national legislatures to implement additional or altered criteria in light of Article 12 of Directive 2014/24/EU (ie the institutionalised and non-institutionalised exemptions). Sparked by national implementations of this provision, it creates a stomping-ground for broader discussions on self-organisation within EU public procurement law. In light of the Lithuanian Case law that has been brought before the CJEU (Irgita Case, pending), it discusses what type of harmonisation was used for this provision, if these implementations are, thus, valid in light of EU law, and what this means for the influence of EU public procurement law on the organisation of public tasks on the Member State level.