Prof. Dr. Nikolas Eisentraut

In the area of public sector self-management, there is no call for tenders, and public procurement law does not apply. This „principle of the freedom from tender for self-management“ appears directly accessible at first glance. However, the principle is difficult to apply in legal practice. How far it exempts entities within the public sector from competitive tendering is the subject of constant dispute. This is made more difficult by the fact that the principle has not yet had a solid foundation in primary and constitutional law that could guide the discussion about its scope. The article explores the origin of the principle and substantiates it in terms of primary and constitutional law.

Law as Open Science promises better access to more diverse scholarly literature and teaching or learning materials, transparent writing and citation styles, and more diverse authors, editors and readers. These potentials must be measured against the real existing book market in jurisprudence. So far, the orientation towards the printed monograph and the associated "Open Access fees" and established logics of reputation prevent many possibilities. In this context, an open science transformation would offer the chance to realise the promises of digitisation more extensively than before.