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Tesi etd-10252022-195841

Tipo di tesi
Corso Ordinario Ciclo Unico 5 Anni
Autore
DELLA CORTE, FRANCESCO SAVERIO
URN
etd-10252022-195841
Titolo
Towards an EU joint procurement function? New patterns of the EU executive action
Struttura
Cl. Sc. Sociali - Giurisprudenza
Corso di studi
SCIENZE GIURIDICHE - SCIENZE GIURIDICHE
Commissione
Tutor Prof. ROSSI, EMANUELE
Relatore Prof. CHITI, EDOARDO
Presidente Prof. MARTINICO, GIUSEPPE
Membro Prof.ssa GAGLIARDI, MARIA
Membro Prof.ssa MORGANTE, GAETANA
Membro Prof.ssa SGANGA, CATERINA
Membro Prof. COMANDE', GIOVANNI
Parole chiave
  • EU administrative law
  • faire-avec administration
  • joint procurement procedures
  • strategic/operational autonomy
Data inizio appello
01/12/2022;
Disponibilità
parziale
Riassunto analitico
The thesis analyzes whether the EU executive is developing a new joint procurement function and what forms of administrative integration it brings about. In 2020, the European Commission led a pan-European purchasing strategy by pooling Member States' leveraging power to provide the European population with safe and affordable anti-Covid-19 vaccines. Such a model of joint purchase was proposed again in the aftermath of the Russian invasion of Ukraine to address military shortages and coordinate Member States' military spending. These joint purchase initiatives represent a new centralized method of executive action, which requires the Commission to exercise considerable administrative discretion and take decisions entailing strategic and - to some extent - redistributive effects. Did EU administrative law provide appropriate tools to discipline and control such new administrative powers? A cross-sectorial analysis of these recent initiatives in the areas of health and defence policy will shed light on the new patterns of the EU's administration as well as the role of administrative law.
Beyond the reach of these questions, the thesis aims to contribute to the understanding of the legal dimension of the EU economic governance in the wake of the crisis of multilateralism. An increasingly harsher international environment, as well as the challenges posed by the climate crisis, led the EU to pursue its strategic autonomy, i.e., the capacity to act autonomously in strategically important policy areas. As the capacity "to act autonomously" entails the capacity to address dependencies from other countries, the EU executive is assuming an increasingly active role to build up a more resilient European economy. While some literature has already dwelled on the consequences of this process on the EU's external relations, the new challenges for administrative law remain largely unexplored.
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