(See Pedro’s thoughts on Article 73 here) Article 73 is the meat and potatoes of the ‘European preference’ chapter, or at least it should be. But for a carnivore, it leaves a tofu aftertaste (apologies to my vegetarian and vegan friends, I couldn’t resist). I’ve written about my issues with the way the Commission decided…
Read more Public Procurement Act proposal commentary – Article 73 – European preference requirements
Conferences are great, but papers are better! I’m very happy and proud to post about this – the first public procurement law special issue (in English!) of one of the best (I’d say – the best, but then you’d say I’m biased) law journals in South-Eastern Europe! The papers you can read here were written…
Read more Collected Papers of Zagreb Law Faculty ‘Public Procurement – A New Way Forward 2025’ Special Issue is out!
(See Pedro’s thoughts here) The ‘European preference’ chapter of the Public Procurement Act proposal gives the Commission the authority to adopt delegated acts in two instances – one in Article 75 (making it mandatory for contracting authorities to implement European preference requirements – more on this in the commentary on Article 75), and the other…
Read more Public Procurement Act proposal commentary – Article 72 – Restrictions on covered economic operators, goods, services or works
No simplification in sight for EU public procurement! I’m having a hard time keeping up with the new terminology, a lot of it sounds similar – but it does not have the same meaning. Some good examples are similar terms across the Industrial Accelerator Act (IAA) and Public Procurement Act (PPA) proposals: ‘Made in EU’…
Read more Some thoughts on the German ‘Made with EU’ IAA non-paper
(See Pedro’s thoughts here) In the last week’s commentary on Article 70, I mentioned the inherent complexity in determining what will be covered economic operators, goods, services and works from one public procurement procedure to the next. A ‘covered’ economic operator in one procedure may not be ‘covered’ in another conducted by the same contracting…
Read more Public Procurement Act proposal commentary – Article 71 – Determining the scope of coverage for third-country covered economic operators, goods, services or works
We’re back! The second edition of the ‘Public Procurement – A New Way Forward’ conference – organised by the University of Zagreb Faculty of Law and the Croatian State Commission for Supervision of Public Procurement Procedures will be held on 12 November! Last year we talked about what the new public procurement rules should look…
Read more ‘Public Procurement – A New Way Forward 2026’
(See Pedro’s thoughts on Article 70 here) Public procurement procedures conducted in a Member State may see three kinds of economic operators: those from Member States (including the Member State where the procurement is conducted), those from countries with plurilateral or bilateral trade agreements in place with the EU that contain procurement provisions/chapters, and those from…
Read more Public Procurement Act proposal commentary – Article 70 – Covered economic operators, goods, services or works
This is exciting! Pedro and I are very happy to share with you that we will be writing a commentary of the Public Procurement Act proposal! We talk an unhealthy amount every day – so we might as well do something constructive! You can read Pedro’s initial thoughts here. How will this work, you asked?…
Read more Public Procurement Act proposal commentary – Introduction
Yesterday I posted an SSRN preprint of my forthcoming chapter in the book A Research Agenda for Public Procurement Law, Policy and Regulation (Edward Elgar Publishing) edited by Geo Quinot. A major focus of that chapter is appeal fees, and their (in my opinion) detrimental effect on the accessibility of public procurement remedies and consequently…
Read more The Cost of Whining: Public Procurement Appeal Fees Across the EU
Geo Quinot was kind enough to invite me to contribute a chapter to his upcoming edited book ‘A Research Agenda for Public Procurement Law, Policy and Regulation’ (Edward Elgar Publishing). The aim of the book is to identify important new research directions in public procurement, and I’m happy I got to write the remedies and dispute…
Read more New preprint out on SSRN – ‘Shining a Light on Public Procurement After Contract Award: Appeal Fees and Arbitration’
