Episodes
In this episode, Marta & Willem discuss the role of courts in relation to mandatory sustainability requirements in public procurement. What will change in the assesment of courts when faced with claims of bidders that argue that a tender is not sustainable enough? For dessert, they discuss rewards & recognition in academia.
Published 05/06/21
procurement. What will change in the assessment of courts when faced with claims of bidders that argue that a tender is not sustainable enough? For dessert, they discuss rewards & recognition in academia.
Published 05/06/21
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 that positively influence our productivity are.
Published 03/25/21
ween 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 that positively influence our productivity are.
Published 03/25/21
In today’s episode, we discuss 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 desert, we discuss two books we wish we wrote.
Published 02/25/21
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, we discuss two books we wish we wrote.
Published 02/25/21
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 procurement principle. This leads us to reflect on CJEU ruling in Case C-395/18 Tim SpA where the court refers to 18(2) cardinal value with which the Member States must ensure compliance. For dessert, we discuss strategies to fight...
Published 01/28/21
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 SpA where the court refers to 18(2) cardinal values with which the Member States must ensure compliance. For dessert, we discuss strategies to fight...
Published 01/28/21
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 authorities. For dessert, we consider online conferences and what we think are essentials to organize them in the future.
Published 12/14/20
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 authorities. For dessert, we consider online conferences and what we think are essentials to organize them in the future.
Published 12/14/20
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 with propositions for public procurement. For dessert, we consider the value of research stays abroad, and we discuss what some of the important...
Published 11/04/20
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 with propositions for public procurement. For dessert, we consider the value of research stays abroad, and we discuss what some of the important...
Published 11/04/20
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 first time. For desert, we stick to the theme of cooperation and discuss it in light of its role in academia.
Published 09/24/20
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 first time. For dessert, we stick to the theme of cooperation and discuss it in light of its role in academia.
Published 09/24/20
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 judgement; as well as some of the practicalities in operating framework agreements. For the happy fun dessert time, we are 'dishing' about a PhD in...
Published 07/01/20
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 judgment; as well as some of the practicalities in operating framework agreements. We are 'dishing' about a PhD in public procurement for the happy,...
Published 07/01/20
In this episode of Bestek, we discuss a topic that is very close to both of our own 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 desert, we are ‘dishing’ about academic life after COVID 19. Will we still travel to conferences? If not, why we might miss it?
Published 06/03/20
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 aymore. 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, procurements that are currently in the mids of the process, or procurement contracts that have already been awarded, are affected and what kind of...
Published 05/06/20
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 online in these times.
Published 05/06/20
In this Trailer, we explain why we did not open a restaurant, but in fact started a podcast on public procurement law, our love of food and our milestones and struggles in academic life.
Published 05/06/20
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, procurements that are currently in the mids of the process, or procurement contracts that have already been awarded, are affected and what kind of assistance can be found in the legal interpretation of the public procurement rules. For the happy, fun dessert time, we...
Published 05/06/20
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 online in these times.
Published 05/06/20
In this Trailer, we explain why we did not open a restaurant, but in fact started a podcast on public procurement law, our love of food, and our milestones and struggles in academic life.
Published 05/06/20