A Digital cross-border interest in the framework of public procurement legislation: The game changer

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Originally introduced by the Court of Justice of the European Union, the presence of ‘certain cross-border interest’ is used to justify the application of EU principles to public procurement contracts that fall out the scope of EU law. Nonetheless, cross-border interest needs to be proven based on the criteria settled by the CJEU. This article presents firstly, a definition of cross-border interest and its relevance; secondly, the latest trends on digital public procurement and e-administration. Finally, the paper will discuss whether based on the criteria of the CJUE the expansion of digitalisation will render the presence of cross-border interest automatic, thus increasing transparency and consequently changing forever how we apply EU law.
Original languageEnglish
Pages (from-to)51-68
Number of pages18
JournalReview of European Administrative Law
Issue number2
Publication statusPublished - Jul 2021


  • Cross-border interest
  • EU principles
  • public procurement
  • threshold

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