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The Application of Principles of Public Procurement to the Interpretation of National Contract Law – Advocate General Campos Sánchez-Bordona’s Opinion on Case C-82/24 Veolia Water

 Author: Dr. Ezgi Uysal 1. INTRODUCTION In this blog post, the author analyses Advocate General (AG) Sánchez-Bordona’s Opinion on Case C-82/24...

#41 Sustainability Clauses in Public Contracting & Advice for First-Year PhD Students

In this episode, Marta and Willem invite a long-time listener and supporter of the Bestek podcast and a postdoctoral fellow at PurpLE, Ezgi Uysal,...

#40 Reform of Public Procurement Directives & New Ways of Examining

In this episode, Marta and Willem discuss a particularly exciting topic - the upcoming reform of the EU’s Public Procurement Directives. They...

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The Application of Principles of Public Procurement to the Interpretation of National Contract Law – Advocate General Campos Sánchez-Bordona’s Opinion on Case C-82/24 Veolia Water
The Application of Principles of Public Procurement to the Interpretation of National Contract Law – Advocate General Campos Sánchez-Bordona’s Opinion on Case C-82/24 Veolia Water

The Application of Principles of Public Procurement to the Interpretation of National Contract Law – Advocate General Campos Sánchez-Bordona’s Opinion on Case C-82/24 Veolia Water

In this blog post, the author analyses Advocate General (AG) Sánchez-Bordona’s Opinion on Case C-82/24 delivered on 6 February 2025, which concerns Article 2 of Directive 2004/18 (Article 18 of Directive 2014/24) on principles of awarding contracts and its role in the application of provisions of national law to the procurement contract by analogy. In his Opinion, the AG concludes that though principles of procurement do not preclude a clause in a public contract referring to provisions of civil code where the contract remains silent, extending contractual obligations in a way that could not be foreseen by a reasonably well-informed and normally diligent contractor is incompatible with the said principles. In this context, the question referred to the Court of Justice of the EU (CJEU) concerns the intersection of public procurement law and contract law.

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#41 Sustainability Clauses in Public Contracting & Advice for First-Year PhD Students

#41 Sustainability Clauses in Public Contracting & Advice for First-Year PhD Students

In this episode, Marta and Willem invite a long-time listener and supporter of the Bestek podcast and a postdoctoral fellow at PurpLE, Ezgi Uysal, to discuss her research on the topic of sustainability contractual clauses (SCCs) in public procurement contracts. The podcast begins with Ezgi briefly explaining what the SCCs are and what makes them unique, before quickly diving into a discussion about the contractualization of sustainability in public procurement. The speakers then examine different types of SCCs as well as challenges concerning enforcement. They discuss the potential consequences of the failure of contracting authorities to enforce said obligations. Additionally, the speakers argue in favour of the need for improvements in contract management to deliver sustainable public procurement and communication between the contract-drafting and contract-managing teams and discuss whether these problems could be solved by a legislative intervention. For dessert, Ezgi reflects on her PhD experience and provides some heartfelt advice for the first-year PhD students and beyond.

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#46 De gemeente Amsterdam en de toekomst van aanbestedingen
#46 De gemeente Amsterdam en de toekomst van aanbestedingen

#46 De gemeente Amsterdam en de toekomst van aanbestedingen

Frank van Sloun van de gemeente Amsterdam is bij Matanja op bezoek. Ze spreken over de brief van 4 maart 2025 die de gemeente aan de Europese Commissie heeft gestuurd naar aanleiding van de consultatie voor de nieuwe richtlijnen. Frank en Matanja spreken over de...

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#40 Reform of Public Procurement Directives & New Ways of Examining

#40 Reform of Public Procurement Directives & New Ways of Examining

In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss a particularly exciting topic - the upcoming reform of the EU’s Public Procurement Directives. They begin by describing the reform’s timeline and discussing how it is being affected by the current geopolitical setting. In their discussion, they assess the focal points of the reform, as described by reports of Enrico Letta and Mario Draghi. The speakers then provide their personal opinions, perceptions, and concerns while discussing their key takes from the two reports. These include, among others: the calls for simplification, flexibilization, and a more strategic and inward-looking approach to the European public procurement, the concerns around the enduring low competition, and the lack of focus on green and social aspects of procurement. For dessert, the speakers once again discuss academics, focusing on alternative ways of examination. They evaluate their own experiences with the less typical ways of testing to provide their opinion of how and why they should be used.

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Sustainability Clauses in ‘Public’ Contracts
Sustainability Clauses in ‘Public’ Contracts

Sustainability Clauses in ‘Public’ Contracts

Sustainability Clauses under the Public Sector Directive: Sustainable Performance Contract Clauses A recent publication by our new Post-Doctoral Fellow at PurpLE, Dr. Ezgi Uysal, explores the intersection of contract law, public procurement law, and sustainability....

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#45 Duurzaam aanbestedingsrecht: Herijken van de interne markt voor overheidsopdrachten

#45 Duurzaam aanbestedingsrecht: Herijken van de interne markt voor overheidsopdrachten

In deze aflevering kunt u de oratie 'Duurzaam Aanbestedingsrecht: herijken van de interne markt voor overheidsopdrachten' van Willem naluisteren die hij op 13 december 2024 mocht uitspreken aan de Rijksuniversiteit Groningen ter aanvaarding van zijn bijzonder...

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#39 Circularity and Procurement & Procurement Awards
#39 Circularity and Procurement & Procurement Awards

#39 Circularity and Procurement & Procurement Awards

In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss circularity, and how it relates to public procurement. The hosts begin by introducing the concept of circularity, its promises as well as some points of skepticism. They also explain the concept of the R scale - a useful tool in determining the circularity of an economy. They then move on to the legal aspects and ask how public procurement could be used to encourage circularity and what are the main challenges and uncertainties behind circular public procurement. Willem also introduces his project CIRCLASH. Finally, for today’s dessert section, Marta and Willem talk about procurement awards. They discuss the added value of these events, describe their hopes and perspectives, and also provide the listeners with several procurement-related law competitions that could be interesting for students, practitioners, and academics alike.

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Thank You, Sven!

Thank You, Sven!

After more than three years as a student assistant at the University of Copenhagen, working on various procurement-related projects, Sven Mikulic has successfully graduated from Copenhagen Business School.

Sven joined the University of Copenhagen in 2021 as Associate Professor Marta Andhov’s student assistant. Over the years, he contributed to projects like the Carlsberg-funded PurpLE, the Horizon-funded COCOREADO, and the SAPIENS Network, as well as to the Bestek Podcast. His contributions included conducting research and supporting communication and dissemination activities for these projects.

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Welcoming Dr. Ezgi Uysal to the PurpLE Project
Welcoming Dr. Ezgi Uysal to the PurpLE Project

Welcoming Dr. Ezgi Uysal to the PurpLE Project

We are pleased to welcome from 1st January 2025 Dr. Ezgi Uysal as a Post-Doctoral Fellow on our Purchase Power – Sustainable Public Procurement through Private Law Enforcement (PurpLE) Project.

Ezgi earned her law degree magna cum laude from İhsan Doğramacı Bilkent University in Turkey and completed her master’s degree in European and International Business Law at Leiden University, graduating as valedictorian with cum laude. During her studies, she received the Jean Monnet Scholarship, which supports research on EU-related topics.

Recently, Ezgi defended her PhD thesis, “Enforcing Sustainability in Contract Performance under the Public Sector Directive,” at the University of Turin. As a Marie Curie PhD Fellow, her research was part of the SAPIENS Network, funded by the European Union’s Horizon 2020 program. Her work focuses on public procurement, contract law, and sustainability.

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#38 When Contracts Collide Public Procurement and Contract Law Context & Pop Culture

#38 When Contracts Collide Public Procurement and Contract Law Context & Pop Culture

In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss the intersection of public procurement and contract law. The topic of the research project PurpLE (Purchase Power – Sustainable Public Procurement Through Private Law Enforcement) led by Marta. This episode provides an introduction to an upcoming series of episodes that will dive deeper into its individual aspects. The hosts provide a general overview of how public procurement contracts are perceived across the EU within its many Member States, differentiating between the two models of approach - the administrative approach present in, for example, France or Spain, and the more civil commercial one presented in the Netherlands, Poland, Germany, and across Scandinavian Countries. They outline the need to differentiate two phases; the pre-contractual and post-contractual, as legal frameworks differentiate between them. Marta & Willem briefly introduce what type of practical and relevant issues arise in each of the mentioned phases, for example, the possibility of culpa in contrahendo, the issues of interpretation, and termination to name a few. Finally, for dessert, they switch gears and talk about the instances where public procurement appeared in the entertaining world of pop culture. How the pop culture references can be used and what should be your new movie, or series to watch if you want to combine your passion for procurement with some entertainment?

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