Grundlagen und Grenzen der Beschaffungsautonomie

In order to fulfill their tasks, the public authorities are obliged to purchase goods and services on the market due to a lack of their own capacities. The term “Beschaffungsautonomie” (autonomy to procure) describes the discretion of the public bodies to decide whether to procure or not and to define the needs. The thesis examines the basics of the autonomy to procure and shows its limits. To this end, the author deals with the systematics of public procurement, the constitutional foundations of this discretion as well as its legal limits. In particular, the requirement of product neutrality and the case law that has been handed down in this regard are examined.
The thesis is aimed at all stakeholders affected by public procurement law.