Host Dr Marta Andhov presents an aperitif episode of the Bestek public procurement podcast, featuring the first half of the âContracts in the Defence and Security Sectorâ panel from the PurpLE Projectâs Public Procurement & Contracts Conference in Copenhagen (22â23 June 2026), moderated by Associate Professor MichaĆ Kania (University of Silesia in Katowice).
The discussion asks whether defence contracts should be allowed to skip the normal procurement rules through the Article 346 exemption in the Treaty on the Functioning of the European Union (TFEU), and whether the legal test meant to keep that exemption narrow is still holding up.
#48: If a Government Breaks Procurement Rules, What Can a Bidder Actually Do?
Host Dr Marta Andhov presents an aperitif episode of the Bestek public procurement podcast, featuring clips from âRemedial Systems in Public Contracts Law vs Non-Legislative Measuresâ, a panel she chaired at the Public Procurement & Contracts Conference in Copenhagen (PurpLE Project, 22â23 June 2026).
The episode asks what a bidder can do when a public authority breaks its own procurement rules. It compares Commonwealth countries such as Canada, Australia and New Zealand, whose rules follow the UK model from before the EU directives, with France and the francophone African countries that followed the French model.
#47: You Write Sustainability Into the Contract. Does Anyone Actually Check?
Host Dr Marta Andhov presents an aperitif episode of the Bestek public procurement podcast, featuring the conversation that opened Day 2 of the Public Procurement & Contracts Conference (PurpLE Project, Copenhagen, 22â23 June 2026), chaired by Grith Skovgaard Ălykke (Partner, Poul Schmith/Kammeradvokaten). It is a first for the aperitif series: Bestek co-host Professor Willem Janssen (Utrecht University and University of Groningen) is on the panel.
The episode asks whether EU reform is making procurement better or simpler, or just adding more rules. Grith sums up the European Commissionâs evaluation of the 2014 Public Procurement Directives: the framework âappears to be functioning, just not in the way one might have hopedâ, and is only âpartially equippedâ to deliver.
Willemâs study for the Commission mapped 62 EU regulations and directives that now touch procurement, with 20 more in the pipeline. He argues for prioritisation, with sustainability first, and hopes the revision brings âmore demanding rules, but also less rigid rulesâ: strict on green and social goals, flexible on procedure.
Professor Roberto Caranta (University of Turin), who also wrote a study for the Commission, says EU priorities need money the EU budget does not have, so procurement has become one stone aimed at 62 pigeons. He argues there is only so much simplification a complex subject allows, and that much of the rigidity comes from contracting authorities, not Brussels: many fear courts of auditors and oversight bodies.
The full session ranged more widely, with a lightning round of quick questions and answers. We invite listeners to continue the discussion with us on LinkedIn.
#45 Can You Actually Enforce an Arbitration Win Against a Government?
In this episode, Marta and Willem explore how artificial intelligence could support more sustainable public procurement practicesâ and the risks that come with it. The conversation builds on Martaâs co-authored recent open-access article, âLeveraging AI for Sustainable Public Procurement: Opportunities and Challenges.â
They begin by outlining the motivation and context for the research, before examining where AI could add value in procurement processes. This includes...
#42 The Irado Case and the Activities Criterion & Fostering a Classroom Community
In this episode, Marta and Willem discuss the hot topic of the ongoing Irado case and the impacts it is set to have on the world of European Public Procurement Law. How to calculate the activities criterion in article 12 Directive 2014/24/EU? They begin the episode with a short chat about their recent conferences, before moving to a brief introduction to the case and the related unclarities in the Article 12 Directive 2014/24/EU on how the activities criterion is to be calculated. Namely, Willem explains how, from the text alone, it is unclear whether the activities criterion should be based on the entity you contract with, or the holding structure in which it provides its services and how this could have significant ramifications on the applicability of the exemption. They then proceed to talk about the opinion of Advocate General Rantos and express their own perspectives on the matter. They discuss whether the procurement practices in certain countries were legitimate interpretations or circumventions of the directive. Lastly, in the dessert, they switch gears and reflect on strategies that help them foster a good and productive community in the classroom.
#41 Sustainability Clauses in Public Contracting & Advice for First-Year PhD Students
In this episode, Marta and Willem invite a long-time listener and supporter of the Bestek podcast and a postdoctoral fellow at PurpLE, Ezgi Uysal, to discuss her research on the topic of sustainability contractual clauses (SCCs) in public procurement contracts. The podcast begins with Ezgi briefly explaining what the SCCs are and what makes them unique, before quickly diving into a discussion about the contractualization of sustainability in public procurement. The speakers then examine different types of SCCs as well as challenges concerning enforcement. They discuss the potential consequences of the failure of contracting authorities to enforce said obligations. Additionally, the speakers argue in favour of the need for improvements in contract management to deliver sustainable public procurement and communication between the contract-drafting and contract-managing teams and discuss whether these problems could be solved by a legislative intervention. For dessert, Ezgi reflects on her PhD experience and provides some heartfelt advice for the first-year PhD students and beyond.
#40 Reform of Public Procurement Directives & New Ways of Examining
In this episode, Associate Professor Marta Andhov and Professor Willem Janssen discuss a particularly exciting topic - the upcoming reform of the EUâs Public Procurement Directives. They begin by describing the reformâs timeline and discussing how it is being affected by the current geopolitical setting. In their discussion, they assess the focal points of the reform, as described by reports of Enrico Letta and Mario Draghi. The speakers then provide their personal opinions, perceptions, and concerns while discussing their key takes from the two reports. These include, among others: the calls for simplification, flexibilization, and a more strategic and inward-looking approach to the European public procurement, the concerns around the enduring low competition, and the lack of focus on green and social aspects of procurement. For dessert, the speakers once again discuss academics, focusing on alternative ways of examination. They evaluate their own experiences with the less typical ways of testing to provide their opinion of how and why they should be used.