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Hard Law, Hard Choices: The Corporate Sustainability Due Diligence Directive (CSDDD), Omnibus Simplifications and the Future of EU Procurement Law – Part 2

 Author: Dr. Ezgi Uysal 1)    Introduction This blog post is the second in a two-part series that examines the evolving EU regulatory landscape on...

Hard Law, Hard Choices: The Corporate Sustainability Due Diligence Directive (CSDDD), Omnibus Simplifications and the Future of EU Procurement Law – Part 1

 Author: Dr. Ezgi Uysal 1)    Introduction This blog post is the first in a two-part series that examines the evolving EU regulatory landscape on...

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...

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#29 Mandatory Sustainability Requirements in EU Public Procurement Law & Academic Summers
#29 Mandatory Sustainability Requirements in EU Public Procurement Law & Academic Summers

#29 Mandatory Sustainability Requirements in EU Public Procurement Law & Academic Summers

In this episode, Marta invites Willem to discuss his new book (co-edited with Roberto Caranta) on mandatory sustainability Requirements in EU Public Procurement Law. (out in October at Hart) Why is this topic in which the EU seems to move from regulating 'how to buy' towards 'what to buy' in need of discussion? What academic questions are relevant to ask for all those involved in sustainable public procurement? How will this affect procurement practices in the EU and what can be improved in the future? For dessert, they discuss academic summers. How to unwind in light of the need to finish stuff as well?

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#28 Free Trade Agreements & Life as an Academic Nomad

#28 Free Trade Agreements & Life as an Academic Nomad

In this episode, Marta Andhov talks with Dominic Dagbanja - a senior law lecturer and researcher (University of Western Australia) specialising in international investment law and in the consequences of investment and trade treaties for public interest regulation. They start by pointing out to practical relevance of knowing about the intersection of public procurement and free trade agreements. Further, they meticulously discuss the issue of balancing between free trade and sustainability considerations. In addition to this, they also geek out on the topic of never more frequent incorporation of public procurement provisions in free trade agreements. For dessert, they share their experiences of living the lives of academic nomads.

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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

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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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 

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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#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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#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

#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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