Of many sticks and one mutant carrot: The new external dimension of EU public contracts

In a changing global trade law context, the EU is increasingly using public contracts to ensure reciprocal market access with third countries and to fight against unfair competitive practices of those same countries. In this context, the recent case law of the CJEU has left to each contracting authority or entity to decide on whether economic operators from third country not having a reciprocal market opening agreement with the EU (non-covered economic operators) may be allowed or not to participate in their public procurement procedures and in case to devise “adjustments” consequent to that participation. This is hardly workable, and in the context of the forthcoming reform EU rules should be adopted to better guide those contracting authority and entities in dealing with third countries economic operators.