| Centre for Public Procurement |
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UUCePP newsletter winter edition! |
| Tip: read this newsletter on your computer or online for the best view. |
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UUCePP contributions to practice |
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Statement in the European Parliament on public procurement |
Vitezslav Titl provided a statement during a hearing in the European Parliament on the Customs Control Equipment Instrument and the Rule of Law. His remarks addressed political influence, corruption, and the misuse of public funds in EU public procurement. |
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Research report CBS threshold in the house of representatives |
A study by Nathan Meershoek commissioned by the Ministry of Economic Affairs was discussed during the Market Regulation and Consumer Protection Committee debate in the House of Representatives. In the report, Meershoek examined whether there are starting points in procurement law for increasing the threshold under which CBS may perform services for third parties. Partly as a result of the report, the Minister decided not to increase the threshold. |
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House of representatives committee I&W roundtable discussion on infrastructure procurement |
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At the invitation of the Dutch House of Representatives, Fredo Schotanus took part in a roundtable with the permanent Infrastructure and Water Management Committee on infrastructure procurement. In his position paper, he addresses the importance of more dialogue between the government and the market and the need for a shift in procurement culture. Various media, including Telegraaf, covered the discussion. |
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City of Amsterdam "Political Table" on new public procurement policy on human rights infringements |
On 27 September, Elisabetta Manunza was invited by the Amsterdam City Council's Groenlinks “Political Table” to engage in a discussion on the new procurement policy of the City of Amsterdam with a panel consisting of Nils Gundlach (PvdA), Edwin van‘t Pad (Right Forum), Elisabeth IJmker (GroenLinks city councillor). The central question was how to ensure that Amsterdam can enforce human rights violations, committed outside the EU borders, in public tenders. |
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Buying without a complete supplier selection model |
| At the Defense Procurement Day, Fredo Schotanus spoke, and in Deal! he wrote that for smaller purchases, procurement without a complete supplier selection model is worth considering. Complete models can be useful, but if not well-constructed, they can also have unintended negative effects. Procuring without a full model is then an alternative, provided, among other things, that there is more dialogue between the market and the government. |
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Public procurement is not that friendly |
At the Nohrcon Nordic Public Procurement Forum 2024 in Copenhagen, Fredo Schotanus spoke in his keynote about how the public sector can procure in a (much) more innovation-friendly way. Creating (much) more innovation-friendly procurement templates is important in this regard. |
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Political donations and public procurement: media coverage in Czechia |
In an interview with Jiri Nadoba for Seznam Zprávy | Byznys (the most-read online medium in Czechia; with 5 million readers weekly), Vitezslav Titl talked about how party donations in Czechia pay off. Based on his 2019 paper in the European Economic Review with Benny Geyes, he explained how firms systematically exchange favours with political parties - campaign donations are exchanged for public procurement contracts. |
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UK Parliament cites research on political donations |
The UK Parliament’s Joint Committee on the National Security Strategy has cited Vitezslav Titl’s research (conducted with Kristof De Witte and Benny Geys) as key evidence in their examination of political donations and procurement integrity. The committee report references the study to support policy recommendations aimed at limiting donations to political parties by firms involved in public procurement, due to the risks of distorted contract allocation and reduced efficiency. |
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(Im)possibilities of screening of suppliers |
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Tackling legal issues arising from military acquisitions in times of geopolitical tension |
On December 2, 2024, the autumn meeting of the Dutch Association for Procurement Law took place, with the theme "Procurement in Times of Geopolitical Unrest." During the meeting, Nathan Meershoek discussed the procurement challenges currently faced by the Ministry of Defence. He addressed the role of procurement law and the application of exceptions in tackling complex legal issues arising from military acquisitions in times of geopolitical tension. |
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Podcast: procurement with impact |
Ruben Nicolas and Fredo Schotanus were guests with Mark Bottinga and Geerke Versteeg for the first episode of the new Dutch podcast ‘Procurement with Impact’. They discussed, among other things, the role of the modern buyer, certifications, and some recent studies. |
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At the Social Return Knowledge Event "Kansmakers 2024," Fredo Schotanus shared five tips for achieving greater social return. For example, ensure that sustainability, including social return, is given an equal footing alongside price and quality. Avoid treating social return as merely a checklist item. Additionally, coordinate with other contracting authorities and consult market players. |
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Podcast: Dr. Kelder & C0 about strenghtening the defense industry |
Bram Vroege was a guest of Jort Kelder on NPO Radio 1 as the "Young Doctor of the Week" in the program Dr. Kelder & Co! He discussed the role of the EC in strengthening defense.
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| Inaugural lecture – Sustainable public procurement law: Reassessing the internal market for public procurement |
| On 13 December 2024, prof. Willem Janssen held his inaugural lecture at Groningen University and accepted his endowed chair on public procurement law due to the Dutch Public Procurement Law Association. In his inaugural lecture, Professor Willem A. Janssen explores how European procurement regulations relate to the pursuit of a sustainable society. Since the 1970s, this area of law—based on principles of non-discrimination, equality, transparency, and proportionality—has aimed to create an internal market for public contracts. Do these rules pose an obstacle to the necessary transition toward sustainability? He discusses the tension between striving for sustainability and economic market integration. Given how much the world has changed over the past 50 years, isn't a different regulatory approach, with sustainability as the starting point, now required? His inaugural lecture is published open access and listened to via BESTEK podcast. |
PhD defense: arming Europe |
On 8 November 2024 Bram Vroege defended his PhD „Arming Europe. Defence- industrial policymaking under the dual constitution of the European Union“. For those interested, the dissertation is available open access.
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EU Funds have limited impact on sustainable procurement |
| Despite substantial EU investments in Structural and Investment Funds aimed at fostering economic growth and sustainable procurement, their actual impact remains modest. Research by Ruben Nicolas, Vitezslav Titl and Fredo Schotanus analyzed procurement patterns in the Czech Republic, revealing that these funds have not increased the adoption of sustainable procurement. This study, published in Ecological Economics, underscores the challenges of aligning financial incentives with effective sustainability outcomes. |
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Public procurement monitor: construction teams |
The recently published Public Procurement Monitor (PIM) report, developed in collaboration with TenderNed and Cobouw, examines the use of construction teams in public procurement. The findings highlight procurement trends and strategic insights for the construction sector. |
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Competition is decreasing more in the public sector |
Together with Nevi, Fredo Schotanus conducted a survey among purchasers on the level of competition experienced by contracting authorities and companies during purchasing processes. Most respondents indicate that they experience declining competition. Overall, contracting authorities report less frequent competition than companies, and the decline in perceived competition is more pronounced among public authorities. Following the study, Het Financieele Dagblad published an article. |
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Politicians on corporate boards and the cost of public procurement |
No country is immune to the risks of political ties with private companies; conflicts of interest scandals affect governments worldwide. In a new VoxEU column, Bruno Baránek and Vitezslav Titl discuss the cost associated with political connections in public procurement. They show that companies with political ties often receive contracts at inflated prices—about 6% above typical costs—without any improvement in quality. They also highlight how better oversight could reduce these inefficiencies and that, from the policy perspective, there is a need to better understand mechanisms behind favouritism. |
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EU Law allows for strategic cooperation between Ministry of Defence and high-tech industry |
In July, Elisabetta Manunza and Nathan Meershoek published the scientific report "Legal reasoning on how to set up the Ecosystem for the log lasting Strategic Cooperation Unmanned Systems" commissioned by the Dutch Ministry of Defense. The report addresses how to legally shape an innovative ecosystem aimed at foster strategic autonomy for the development and maintenance of new high tech unmanned systems by Dutch industries. |
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Exclusion ground leaves a wide margin of discretion that could facilitate the mitigation of national security risks
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A recently published research report by UUCePP concludes that Article 2.77(1)(f) AwDV (an implementation of Article 39(2)(e) Directive 2009/81/EC) forms a cardinal tool in mitigating national security risks in public procurement. The research report offers some important recommendations to ensure the exclusion ground is used to its full potential. The research was commissioned by a consortium consisting of the National Police, the NCTV, and several ministries. |
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Enablers and barriers of sustainability for small public purchases |
Research by Fredo Schotanus, Kees Gelderman, and René Jupijn published in the journal Sustainability indicates that sustainability currently plays a limited role in small purchases. Contrary to previous research, external factors do not drive sustainability in small purchases, as the focus remains on large purchases. All internal factors studied are perceived as barriers to achieving sustainable small purchases. Legal requirements, more transparency and more accountability could help address the issue. |
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UUCePP contributions to academic events |
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Coherence of the EU public procurement rules – key-note at IUS conference
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EU’s role in shaping military industries at ACELG |
On 29 November 2024, Nathan Meershoek participated in the Annual Conference of the Amsterdam Centre for European Law and Governance at the University of Amsterdam Threats and Awakening? How Geopolitics and Security Change the EU and its Law. In his intervention, he spoke on the EU’s role in shaping military industries. During the roundtable on "Economic Security: a New Paradigm for EU Economic Law and Regulation?", he contributed to the multidisciplinary discussion on how global challenges are reshaping EU policy frameworks in response to security threats. |
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Webinar on CO2 performance ladder research |
Jil Wenner, Willem Janssen, Ruben Nicolas, and Fredo Schotanus hosted a webinar together with SKAO on ongoing research into the CO2 Performance Ladder. The legal research focuses on challenges and developments related to the non-discrimination principle, while the economic research demonstrates that procurement professionals do not merely apply the ladder as a box-ticking exercise. Both studies are supported in part by funding from the IKEA Foundation. |
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Effects of market engagement dynamics on learning and innovation at ICAPP |
To advance public procurement, places where academics and practitioners can meet and exchange knowledge and diverse perspectives are essential. UUCePP member Pelle Berkhout visited the International Conference on Public Procurement (ICAPP) in Dublin, where he presented his work on the effects of different market engagement dynamics on learning and innovation outcomes in public procurement based on a survey as part of the DemoTrans project. |
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Strategic public procurement as an ever evolving area of law at the DFG funded workshop “The Regulatory Governance of Public Procurement” |
On 23-25 October 2024, Elisabetta Manunza presented her working paper ‘Strategic Public Procurement as an Ever Evolving Area of Law. Some Proposals for a New Regulatory Governance from a Continental Legal Perspective’, at the workshop “Regulatory Governance of Public Procurement: Assessment of the Research Field and the Ways forward” (organisation: Prof Dr Miriam Hartlapp and Prof Dr David Levi-Faur). The workshop is funded by the Deutsche Forschungsgemeinschaft. |
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The principle of equality in public procurement law at the DFG funded workshop |
From October 23-25, Elior Korem participated in the workshop “The Regulatory Governance of Public Procurement: Assessment of the Research Field and the Ways Forward” at Freie Universität Berlin, organized by Professors Miriam Hartlapp and David Levi-Faur, the event explored strategic procurement policies. As part of the workshop, Elior Korem reviewed the status of strategic public procurement in Israel, and presented his work on the principle of equality in public procurement law. The workshop is part of the new German Deutsche Forschungsgemeinschaft (DFG) project on “Varieties of Procurement Regimes: How Do States Procure Strategically and to What Effect?". |
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Eu-SPRI 2025 Conference: public procurement in a changing Europe - papers are welcome |
Chaired by Anne Rainville, this track welcomes papers from across disciplines on the intersection of innovation, sustainability, and open strategic autonomy that delve deeper into the design and effects of procedures for innovation procurement and which challenge many of the implicit assumptions of conventional policies. The track is also held under Horizon Europe Research and Innovation Action DemoTrans Project. It is organized and supported by many organizations. |
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UUCePP education and engagement |
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Student blogs: global procurement challenges |
Imagine: you are a buyer in Russia or Iran, responsible for procuring medicines and medical devices for citizens. What does your daily work look like? For the course Public Procurement, one student group wrote a well-written blog on this topic. Another group wrote about sustainable catering procurement, with a handy overview of criteria and focus areas. |
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Elisabetta Manunza appointed member of the scientific advisory board of the German SProcure Project |
Elisabetta Manunza has been appointed as a member of the scientific advisory board of the German SProcure Project at the Freie Universitat Berlin. SProcure aims to provide a systematic empirical analysis and a theoretically informed account of strategic public procurement regimes.
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Discussion during the opening panel at the Ministry of Defence's market consultation ‘Framework Contract with Universities’ |
The Ministry of Defence is going to sign a mega contract with Dutch universities in 2025. This was the reason for the Science & Technology department of the Ministry of Defence, together with the Directorate of Procurement of Materiel and IT Command, to organise a day with parties from the market on 9 December 2024 in Utrecht. In a panel debate, Elisabetta Manunza stressed the relevance to involve the "Humanities" into the contract also to avoid the growth of a war-economy and she argued that to make these kinds of contracts work, we need more than mutual trust and clear terms, we need to develop 'legal' innovations as well. |
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Innovative legal research method creates more opportunities to solve complex public procurement issues |
On 1 October, Elisabetta Manunza, Nathan Meershoek, Sebastian Meyer, Niels Wittenberg and Royan van Velse, Head of the Legal Section Procurement Consultancy at the Ministry of Defence, gathered to brainstorm together before organising the first expert meeting on 11 December with the Legal Section(s) of the Ministry of Defence. The aim was to discuss the UUCePP legal research method that involves the ‘whole’ legal system (international, U, national) rather than focusing on the national Dutch Public Procurement Act. Their approach is based on a mix of ‘law in the real world’ and ‘living constitution’ methodologies, derived from the EU Court of Justice and a more in-depth investigation of the EUCJ rulings. The meeting aimed to discuss the research results of previous UUCePP studies as well (ecosystem logistics and for the development of unmanned systems). It was agreed to exchange knowledge with each other in a more structured way. |
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Elisabetta Manunza appointed member of the tender board Dutch National Slavery Museum City of Amsterdam |
From September 2024, Elisabetta Manunza has been appointed Member of the Tender Board for the construction of the National Slavery Museum in Amsterdam. The transatlantic slavery past will be the starting point for the museum. This initiative is made possible by support from the Ministry of Education, Culture and Science. |
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Sebastian Meyer joins UUCePP |
Sebastian Meyer started working as a senior researcher at UUCePP on 1 October. Previously, he was a postdoc at the Utrecht University Centre for Regulation and Enforcement in Europe (Renforce). At UUCePP, Sebastian is doing research on legal innovations in the field of defence procurement. In an interview with Elisabetta Manunza and Fredo Schotanus, Sebastian talks about his background, his research and what inspires him in and outside academia.
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Research for revision of the public procurement directives |
The European Commission has officially launched the rivision of the public procurement directives. Prof. Willem Janssen will conduct, together with prof. Roberto Caranta (Turin University), two of the commissioned research projects that will inspire the revision process. The research will, amongst other things, involve the internal and external coherence of the directives, and builds on previous scholarship in this area. For this purpose, they presented their work at the European Commission’s Expert Group on Public Procurement on 31 January. |
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NWA grant for research into how governments could be trendsetters in circular procurement |
The coming years CIRCLASH will investigate circularity and public procurement law based on an awarded grant by NWA. The project, which is led by prof. Willem Janssen, aims to understand and resolve these clashes between circular principles and legal principles (‘CIRCLASHES’) and proposes solutions to overcome them, with the involvement of experts in circularity, law and transitional thinking from Utrecht University and other universities, in collaboration with key stakeholders in Dutch public procurement. |
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Seed grant awarded: innovative public procurement instruments to facilitate circularity by hospitals |
The institute for a Circular Society (i4CS) launched a Seed Fund Call, inviting researchers to submit proposals aimed at advancing circular solutions for Circular Safe Hospitals. Anne Rainville, PhD (UU), Vikrant Sihag (TU/e), Duygu Keskin (TU/e) were awarded one of the three seed grants. The team will study integrating circular practices into hospital procurement. The study will develop practical guidelines for integrating circularity into hospital procurement processes. Key research questions include how hospitals can improve procurement to accommodate innovative tools and how these instruments can facilitate collaboration and circular innovation. |
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Research at the University of Manchester |
UUCePP member Pelle Berkhout was awarded a PhD circulation grant by the European Forum for Studies of Policies for Research and Innovation (Eu-SPRI) to enable a three-month research visit to the Manchester Institute for Innovation Research (MIOIR) of the University of Manchester. At MIOIR, Pelle will be hosted by Professor Elvira Uyarra, a leading scholar in the field of innovation policy and innovation procurement. The focus of the visit will be on the influence of increasing concerns about international security and dependency on the ability of public procurement to address secondary policy goals, such as innovation and sustainability. |
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Once every four to six weeks, the IOS Platform The Transactional State organizes a Transactional Talk together with UUCePP. Every talk deep-dives into a pressing societal issue related to public procurement. The past months, these researchers shared their findings in a talk:
- Andrea Tulli, the aggregate cost of inefficient public spending
- Leila Kentache, “Do no significant harm” (DNSH) principle in Recovery and Resilience Facility (RRF) procurements
- Christopher Yukins, Cooperation between the EU and the US in public procurement
- Martin Trybus, soft law in EU defence procurement regulation
- Edwin Buitelaar & Martijn van den Hurk, regulate or be regulated: the institutional entrepreneurship of developers
Would you like to join a Transactional Talk? Please contact us! |
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4 April 2025 - UUCePP PhD Forum |
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