Case C-263/19 concerned contract modification and liability for modifications that infringe the rules of EU public procurement law. The CJEU ruled that national authorities have the competence to sanction both parties to a public procurement contract in light of the assessment of their individual contribution to a modification made in breach of EU law.
In this episode of Bestek, the public procurement podcast, Willem and Marta discuss reserved procedures and the ASADE (Cโ436/20) and Conacee (C-598/19) Judgements in the context of socially responsible public procurement. They focus on two explicitly legislated reserve procedures - those for sheltered workshops and social enterprises - and discuss how these procedures fit into the broader context of public procurement law. They also address the fear and risks associated with providing preferential treatment to certain groups in society. For the dessert, the hosts discuss their roles as academics and the importance of independence in their work.
In this episode, Marta and Willem dig into the Clean Vehicles Directive and its implications for public procurement. In doing so, they put it into the context of the EU Green Deal. They also briefly touch on the specificities of the CV Directive and its revision. Most importantly, they emphasize first sectoral mandatory sustainable criteria imposed on public procurers and economic operators. Additionally, they discuss the changing roles of public procurers and the need for an additional set of knowledge due to sustainability efforts. For the dessert, they advise how to approach choosing the publication language by considering their target audience and evaluations.
In this blog, associate professor Marko Turudic (Faculty of Law, University of Zagreb) comments on the newest amendments to the โโCroatian Public Procurement Act and criticises the dramatic increase in appeal fees.
Firstly, he provides readers with a brief overview of changes brought by the amendments as well as the national political context in which they were adopted. Secondly, he shortly explains the public procurement remedies system in Croatia. Thirdly, he analyses the increase of appeal fees and discusses whether such changes are disproportional or even unconstitutional. He concludes that the newest fee appeal increase strongly discourages appellants and might result in more illegal public procurement procedures.
In deze aflevering spreken Matanja รฉn Willem met mr. dr. Gerrieke Bouwman over haar proefschrift, waarin zij onderzoek deed naar de scheidslijnen tussen juridische instrumenten voor de uitbesteding van zorg. De discussie gaat in op haar aanbevelingen, het ASADE...
Summary of the Case Cโ285/18 Irgita and the national courtโs response to the CJEUโs judgement Authored by: PhD student Magdalena Maria Socha Reviewed by: Associate Professor Willem Janssen Introduction In the Irgita[1] case, the Court of Justice of the European...
In the C-385/02, COMMISSION V ITALY, the CJEU extensively answered questions concerning the contracting authorities' discretion when awarding a contract directly. In doing so, the CJEU stipulated conditions to be satisfied when a direct award is chosen due to technical reasons. Furthermore, it showcased the judicial approach to determining whether the state of urgency is actual and grounded or purely illusory. Lastly, this judgment reaffirms that the Public Works Contracts Directive derogating provisions are to be interpreted strictly.
On September 9th, 2022, Public procurement professionals from Denmark and from around Europe gathered to hear more about the PurpLE project and give their feedback on the planned scope of the research that will be thoroughly researched during the next three years.
Anne Fischer, oud-voorzitter, spreekt met Matanja over de Commissie van Aanbestedingsexperts. Ze blikken terug, maar kijken ook vooruit naar de nieuwe rol die de Commissie gaat vervullen. In deze podcast komen verschillende adviezen van de Commissie voorbij en...
In this episode, Marta, Willem, and their guest, dr.ย Rasmus Horskjรฆr Nielsenย discuss award criteria and evaluation methods in public procurements. In doing so, Rasmus explains the difference between relevant and controllable competition concepts. In addition, they debate whether there is such a thing as objective criteria For the dessert, you can hear what Rasmus would do differently if he did his PhD again.ย
