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#33 Single Bidding in the EU & What Vita would change in public procurement

by | April 25, 2024 | English Podcast, News | 0 Comments

In this episode, Vitezslav Titl and Willem discuss single bidding in the EU, based on a current debate about the lack of interest in public...
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#32 Sustainable Public Procurement in the US & Publishing in the American Journals

by | January 16, 2024 | English Podcast, News | 0 Comments

In this episode, Marta and Willem delve into the world of US public procurement and sustainability with Steven Schooner from George Washington...
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#31 Development Aid and Procurement & Becoming a Leader

by | December 7, 2023 | English Podcast, News, Podcast | 0 Comments

In this episode, Annamaria La Chimia (Nottingham University) and Marta discuss the fascinating world of development aid and procurement. What does...
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Ever-growing Restrictions on Whom Public Buyers Can Contract with – Contemporary Developments in the EU Public Procurement
Ever-growing Restrictions on Whom Public Buyers Can Contract with – Contemporary Developments in the EU Public Procurement

Ever-growing Restrictions on Whom Public Buyers Can Contract with – Contemporary Developments in the EU Public Procurement

This blog examines the ever-growing catalogue of restrictions on who can participate in the EU public procurement market and, consequently, with whom the public buyer (the contracting authority) cannot contract. We start by showcasing how freedom of contracting – one of the fundamental principles of contract law – is limited in the context of public procurement (section 1). Next, we look outside of EU Public Procurement Directives to sources of additional restrictions. These represent a clear reaction to contemporary challenges and include Sanctions Against Russia (section 2), Foreign Subsidies Regulation and International Procurement Instrument (section 3), Deforestation-Free Products Regulation and the Proposal for an Anti-Greenwashing Directive (section 4). Finally, we provide some conclusions.

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| Jun 15, 2023 | 15 min read

BlogNews
Case C-598/19 Conacee – Reserved Contracts and Additional National Criteria Beyond Those Laid Down in Article 20(1) of Directive 2014/24/EU on Public Procurement 

Case C-598/19 Conacee – Reserved Contracts and Additional National Criteria Beyond Those Laid Down in Article 20(1) of Directive 2014/24/EU on Public Procurement 

In this blog post, the authors analyse Case C-598/19 Conacee, which concerns Article 20(1) Directive 2014/24/EU on reserved contracts and the regulation foreseen in the Fourth Additional Provision and the Fourteenth Final Provision of Spanish Law on Public Sector Contracts, setting additional requirements at the national level for the economic operator to compete for reserved contracts. [1] The Court of Justice of the European Union (further: CJEU) ruled in this case that Member States are able to set additional requirements under national legislation beyond those laid down in Article 20(1) Directive 2014/24/EU with respect to economic operators that may compete for reserved contracts. It also clarified the conditions under which Member States may exclude economic operators from the reserved contracts. 

The blog post first examines relevant EU law provisions, facts of the case and the question submitted to the CJEU. Next, analyses of reserved contracts under Article 20(1) of Directive 2014/24/EU and the judgement in Conacee are carried out. The latter is investigated with particular attention to methods of interpreting the legal text and distinguishing between non-profit and profit special employment centres. The last section concludes the blog post.

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| May 16, 2023 | 15 min read

English PodcastNewsPodcast
#27 Proportionality the Dutch Way & Managing Edited Volumes
#27 Proportionality the Dutch Way & Managing Edited Volumes

#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 proportionality guide. They focus on discussing its purpose, legal standing and content. For the dessert, the hosts talk about the challenges of managing multi-contributor volumes.

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| Apr 25, 2023 | 40 min read

English PodcastNewsPodcast
#26 The Foreign Subsidies Regulation’s Impact on Procurement & Events after the Pandemic

#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 initial discussion points? And how could they be resolved? For desert, they discuss events after the pandemic. What are relevant choices in organising events in this new era?

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| Mar 23, 2023 | 32 min read

BlogPURPLE
PURPLE’s senior researcher Michal Kania took part in the “Public procurement in times of crisis: national experiences” conference

PURPLE’s senior researcher Michal Kania took part in the “Public procurement in times of crisis: national experiences” conference

PurpLE Senior researcher Michal Kania took part in the "Public procurement in times of crisis: national experiences" conference organised by the Public procurement law research group at the University of Tartu, School of Law on 26 January 2023. Michal’s presentation focused on the so-called “hardship clause” in the context of public procurement law in the context of the Coronavirus pandemic and war in Ukraine.

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| Feb 1, 2023 | 3 min read

BlogNews
C-379/98 – PreussenElektra: State Aid, Climate Change and its Relationship to Public Procurement
C-379/98 – PreussenElektra: State Aid, Climate Change and its Relationship to Public Procurement

C-379/98 – PreussenElektra: State Aid, Climate Change and its Relationship to Public Procurement

The case summary has been authored by PurpLE project postdoc Olga Giakouminaki and SAPIENS Network PhD student Federica Muscaritoli. Associate professors Marta Andhov and Willem Janssen have performed a review and editorial work. PreussenElektra case clarified the...

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| Jan 31, 2023 | 19 min read

English PodcastNewsPodcast
#25 CJEU Judgments in Sanresa (C-295/20) and Klaipėdos (C-927/19) & Privilege in Academia

#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 criteria and contract performance conditions, and the differentiation between economic standing and the ability to pursue professional activity within the selection criteria. For the dessert, the hosts talk about levelling the playing field in academia by acknowledging privilege.

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| Jan 12, 2023 | 41 min read

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