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In this episode, Willem and Marta discuss visual contracting in the context of public procurement. Can it improve the contracting process? If so, how? They explore the potential of visual contracts and possibilities to apply it in the public sector based on Marta's forthcoming publication in PPLR. For desert, they look at their best and worst prese…
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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 procurement from the side of the market. Sparked by the report by the Court of Auditors, and due to developments in many of the Member States, they discuss Vita's research on this topic and how the legal change…
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In this episode, Marta and Willem delve into the complex and critical world of US public procurement and sustainability with Steven Schooner from George Washington University Law School. They ask intriguing questions such as: What does the landscape of public procurement look like across different development tiers in the US, and how does sustainab…
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In this episode, Annamaria La Chimia (Nottingham University) and Marta discuss the fascinating world of development aid and procurement. What does this world look like? Where do interesting procurement questions pop up? Why should all of us know more about this international side of public procurement? Tune in now to learn more. In the dessert sect…
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In this episode, Marta and Willem start by discussing the role of public procurement law in addressing climate change, emphasizing its supportive capacity in mitigation efforts and how it interacts with various legal disciplines, including environmental, competition, and constitutional law. For the main, they dig into the nuances of sustainable pro…
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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 …
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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 o…
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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 con…
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`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 i…
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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 …
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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 reserve procedures - those for sheltered workshops and social enterprises - and discuss …
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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…
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In this episode, Marta, Willem, and their guest, dr. Rasmus Horskjær Nielsen 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 h…
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In this episode, Marta and Willem, along with their guest Prof. Ole Hansen discuss the modification of construction contracts. They explore why in practice, there is often a need for modification in construction contracts and how it is addressed with reference to principles of loyalty and reciprocity. They point out that the rules concerning modifi…
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In this episode, Willem & Marta welcome guest Dr. Alexandra Andov and discuss the topic of digital technologies and contract management. They explore the distinctions between contract formation and contract execution, as well as the use of digital technologies in the management phase, such as negotiation, electronic signatures, computational contra…
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In this episode, Willem & Marta discuss both the differences and analogies between framework agreements and public contracts. They delve into the national case law and highlight practical issues arising from this differentiation. For the dessert, they tackle the question of how to deal with the criticism in Academia and give advice on how to give c…
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In this episode, Willem and Marta discuss the role of public procurement law in the development towards more servitization. They also touch upon the problems that arise due to servitization trends and how to solve them. For dessert, they discuss all male panels in academia ('manels').By dr. Willem A. Janssen and dr. Marta Andhov
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In this episode, Marta and Willem discuss sustainable food procurement. They focus on current problems with food systems and the importance of food. Furthermore, they dig into the legal difficulties public procurers face when they attempt to buy sustainably. Some of the pain points they discuss are certification, localism, freshness requirements, s…
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In this episode, Marta and Willem explore competitive obligations outside the Classic Directive. They focus on a recent Dutch Supreme Court case of Didam in which the equality and transparency principles were deemed to apply to the sale of land by a Dutch municiplatie. This has led to a plethora of legal questions in the Dutch context. Their call t…
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In this episode, Willem & Marta discuss access to public contracts for citizens' initiatives and social enterprises. They delve into the hurdles they face, the legal possibilities for contracting authorities to stimulate them, and future options to extend those options. For the finale, they discuss how to conference.…
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In this episode, Marta and Willem discuss the role of objectives in public procurement law. Is the objective of ‘public procurement’ and the objective of ‘public procurement law’ the same? How does the EU objective relate to national objectives? And: why should we care about them for the sake of interpretation? For dessert, they talk about social m…
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In this episode, Marta and Willem discuss the rules related to centralised purchasing bodies, their role in public procurement, the national differences that exist in the EU, and their procurement techniques. For dessert, they delve into the question of how to stay up to date in public procurement.By dr. Willem A. Janssen and dr. Marta Andhov
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In episode #10, we discuss article 70 Directive 2014/24/EU. Particularly we focus our discussions on the relationship between contract performance conditions and award criteria and technical specifications. This leads us to reflect on the enforceability and value of contract performance conditions. For dessert, we discuss what some of our rituals t…
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In today’s episode, we discuss the transfer of competences and responsibilities in light of article 1(6) Directive 2014/24/EU and the relevant case-law including Remondis and Porin Kaupunki. The key question here is how it differs from the award of a public contract, and how this plays out for the national organization of public tasks. For dessert,…
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In episode #8, we discuss article 18(2) Directive 2014/24/EU. Its nature, character, and scope as well as shortcomings. We focus our discussions on analyzing whether the sustainability referred to in Article 18(2) can pass the test to be truly understood as a procurement principle. This leads us to reflect on the CJEU ruling in Case C-395/18 Tim Sp…
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In today’s episode, we discuss institutionalized cooperation under article 12(1-3) Directive 2014/24/EU. We focus our discussions on the outstanding and most pressing discussions that currently create legal uncertainty in the Member States. This leads us to talking about private capital, control, and other aspects of cooperation between contracting…
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In today’s episode, we discuss a highly politically charged topic of 3rd country access to the EU market. For this purpose, we consider the current EU legal framework as well as proposed since 2012 International Procurement instrument. Also, we comment on the new European Commission’s white paper on foreign subsidies and especially it’s module 3 wi…
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In today’s episode, we discuss the tricky concept of non-institutionalised cooperation and its relationship with EU public procurement law. For this purpose, we consider the recent ruling of the CJEU in the case of Stadt Köln. In this case, the CJEU made significant headway in clarifying some aspects of article 12(4) Directive 2014/24/EU for the fi…
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In this episode of Bestek, we discuss framework agreements. Some would say a "hot topic" of late, particularly following a CJEU judgment in case C-216/17, Autorità Garante della Concorrenza e del Mercato - Antitrust and Coopservice. We consider what changes to the interpretation of the law this judgment brought; the new challenges posed by this jud…
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In this episode of Bestek, we discuss a very close topic to both of our research projects: sustainable public procurement. We look at this subject through the lens of the newly introduced European Green Deal and what changes it introduces. For dessert, we are ‘dishing’ about academic life after COVID 19. Will we still travel to conferences? If not,…
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We continue the discussion about COVID-19 related issues. We consider how the issue of 'urgency' is interpreted, and at which point it cannot be relied upon anymore. Also, how are 'regular' procurements (meaning not healthcare-related) affected by the circumstances of COVID-19? We discuss how regular procurements that are still to be launched, proc…
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We critically discuss the Commission guidance on COVID-19 and public procurement and what we think are some of the challenges that contracting authorities face these days. Also, we discuss the approaches taken by some of the Member States to address the COVID 19. For the happy, fun dessert time, we chat about academic life and especially teaching o…
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