In this episode, Marta and Willem explore the latest developments in EU Public Procurement, focusing on the new exclusion grounds introduced by sectoral legislation following the European Green Deal. They begin by outlining the framework of mandatory and voluntary exclusion grounds established under European Directive 2014/24/EU before delving into specific examples of new sectoral legislation that has expanded these grounds. Throughout the conversation, they address key questions such as: How do these new exclusion grounds align with the traditional goal of ensuring contractor reliability, and to what extent do they represent a shift towards a more punitive approach? What roles do contracting authorities and enforcement agencies play in ensuring compliance with these new measures? And do the penalties incentivize contractors to engage in self-cleaning? In the final segment, the hosts share their current personal reading recommendations and reflections.
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#27 Proportionality the Dutch Way & Managing Edited Volumes
In this Bestek podcast episode, Marta and Willem discuss proportionality (the Dutch way) and edited volumes. First, they start by explaining why the proportionality principle is essential in the EU and public procurement law context. Further, they dig into the Dutch...
#26 The Foreign Subsidies Regulation’s Impact on Procurement & Events after the Pandemic
In this episode, Willem and Marta discuss the Foreign Subsidies Regulation and it's impact on public procurement. How will this new regulation affect public procurement procedures? What are the initial discussion points? And how could they be resolved? For dessert,...
#25 CJEU Judgments in Sanresa (C-295/20) and Klaipėdos (C-927/19) & Privilege in Academia
In this podcast episode, Marta and Willem discuss CJEU Judgments in Sanresa (C-295/20) and Klaipėdos (C-927/19). In doing so, they pay special attention to Article 58 of Directive 2014/24/EU., the Court's differentiation between technical specification, selection...
#24 Socially Responsible Public Procurement – Reserved Contracts & Independence in the Work of Academics
In this episode of Bestek, the public procurement podcast, Willem and Marta discuss reserved procedures and the ASADE (C‑436/20) and Conacee (C-598/19) Judgements in the context of socially responsible public procurement. They focus on two explicitly legislated...