#38 When Contracts Collide Public Procurement and Contract Law Context & Pop Culture
In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss the intersection of public procurement and contract law. The topic of the research project PurpLE (Purchase Power – Sustainable Public Procurement Through Private Law Enforcement) led by Marta. This episode provides an introduction to an upcoming series of episodes that will dive deeper into its individual aspects. The hosts provide a general overview of how public procurement contracts are perceived across the EU within its many Member States, differentiating between the two models of approach - the administrative approach present in, for example, France or Spain, and the more civil commercial one presented in the Netherlands, Poland, Germany, and across Scandinavian Countries. They outline the need to differentiate two phases; the pre-contractual and post-contractual, as legal frameworks differentiate between them. Marta & Willem briefly introduce what type of practical and relevant issues arise in each of the mentioned phases, for example, the possibility of culpa in contrahendo, the issues of interpretation, and termination to name a few. Finally, for dessert, they switch gears and talk about the instances where public procurement appeared in the entertaining world of pop culture. How the pop culture references can be used and what should be your new movie, or series to watch if you want to combine your passion for procurement with some entertainment?
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46:52
#37 Societal Challenges and Interdisciplinary Work in Public Procurement & Teaching the Interdisciplinary Aspects to Students
In this episode, Marta and Willem discuss interdisciplinary work in public procurement and law in general. They reflect on their many personal experiences of working across disciplines and examine the recent push for interdisciplinary work in academia. They evaluate the positives, the negatives, and the relevance of both simple mono-disciplinary work in public procurement law, and inter-disciplinary collaborations and projects, focusing on the most common challenges and how to overcome them. In their discussion, they emphasize the importance of openness and mutual understanding in interdisciplinary collaborations. They discuss the optimal time for crossing disciplines during one’s studies and finally, for dessert, they talk about their approaches to teaching the interdisciplinary aspects of public procurement to their students.
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43:02
#36 New Exclusion Grounds in EU Public Procurement and Reading Recommendations
In this episode, Marta and Willem explore the latest developments in EU Public Procurement, focusing on the new exclusion grounds introduced by sectoral legislation following the European Green Deal. They begin by outlining the framework of mandatory and voluntary exclusion grounds established under European Directive 2014/24/EU before delving into specific examples of new sectoral legislation that has expanded these grounds. Throughout the conversation, they address key questions such as: How do these new exclusion grounds align with the traditional goal of ensuring contractor reliability, and to what extent do they represent a shift towards a more punitive approach? What roles do contracting authorities and enforcement agencies play in ensuring compliance with these new measures? And do the penalties incentivize contractors to engage in self-cleaning? In the final segment, the hosts share their current personal reading recommendations and reflections.
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39:21
#35 Resurgence of buy local policies & making public procurement law interesting
In this episode, Marta and Willem explore the resurgence and presence of buy local policies in the public procurement context. They discuss it broadly on a global scale, and then zoom in on specific buy local implementation issues when it comes to the procurement of food by public authorities. What to do with criteria and condition related to zero miles, EU geographical indicators, time of delivery or short supply chains? For dessert, they share how they overcome the initial hesitation of professionals and students when it comes to public procurement law as a field of study and expertise.
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51:34
#34 Visual contracting in public procurement & Best/worst presentations
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 the possibilities to apply it in the public sector based on Marta's forthcoming publication in PPLR. For dessert, they look at their best and worst presentations to share their learnings from them.
South Africa