
One of the most noticeable phenomena in the current legal reality is the increasing influence of European law on the national orders of EU Member States. One of the key elements of this influence is the case law of the Court of Justice of the European Union
(CJEU). The Court formally only rules on the interpretation or validity of acts of EU law, but in practice these rulings are also very important at the level of national law. The above statements remain valid also in relation to public procurement. It is therefore
worthwhile to take a closer look at the CJEU’s jurisprudence on Directive 2014/24. The purpose of the publication, however, is not so much to present the individual rulings in detail as to take a closer look at the Court’s workshop – i.e. the way the Court interprets. Such a view seems to have an important practical justification. An analysis of individual rulings of the Court provides, above all, ex post knowledge, i.e. it gives an idea of how a given issue is assessed by the Court. Meanwhile, an analysis of the CJEU’s rules of interpretation also provides knowledge pro futuro, as it provides information as to the interpretative assumptions that may be applied by the CJEU in deciding legal issues in the future. The analysis carried out has shown that the CJEU’s jurisprudence on Directive 2014/24 is extremely complex. The Court interprets Directive 2014/24 in an autonomous manner and refers to other EU law and, in particular, to treaty regulations. The Court applies the rules of linguistic, systemic, purposive and historical interpretation – without, however, indicating a clear preference for any of these rules. The Court also very often refers to the recitals of the Directive. The key interpretative emphasis has been placed on specific interpretative principles, including in particular the principle of equal treatment of contractors (economic operators), the principle of transparency and the princi-
ple of proportionality. In contrast, the low importance of the objectives of the Directive is characteristic.
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