Public contracts are more and more concluded following (pre-contractual) competitive tendering procedures that are governed by public procurement law. In some legal systems, including Dutch law, both public procurement law as well as general law of obligations are simultaneously applicable to the pre-contractual stage of the contract. In the event that conflicts between the contracting authority and one of the tenderers arise during that stage, questions on the interaction between public procurement law and the law of obligations may arise. This project seeks to identify and answer these questions, in order to take away legal uncertainties and to diminish (unnecessary) transaction costs of tendering procedures. Its further goal is to contribute to the body of knowledge on the general issue of interaction between multiple systems of legal rules.

Researchers: Prof. dr. C.E.C. Jansen; S. Prent
Topic: Allocation of scarce rights by the government
Approach:  General legal concepts and specific legal rules; European Union law and national law 

• C.E.C. Jansen, ‘Wanneer mogen deelnemers aan een private aanbesteding redelijkerwijs de verwachting ontlenen dat de aanbesteder de beginselen van aanbestedingsrecht in acht zal nemen?’, Jurisprudentie Aanbestedingsrecht 2015, p. 492-501.
• S. Prent, ‘Interaction between EU public procurement law and national contract law in the framework of a regulated tendering procedure: the correction of errors in tenders’, in: International Public Procurement Conference, Book of Proceedings, 14th-16th August 2014, Dublin, Ireland, p. 1193-1201.
• C.E.C. Jansen en S. Prent, ‘Totstandkoming van overeenkomsten en afbreken van onderhandelingen in de context van een gereguleerde aanbestedingsprocedure’, Maandblad voor Vermogensrecht 2013, nummer 7/8, p. 219-224.
• C.E.C. Jansen, annotatie bij HR 3 mei 2013, Nederlandse Jurisprudentie 2013/372 (KLM/CCC).
• C.E.C. Jansen, De aanbestedingsovereenkomst. Aanbesteden in verbintenisrechtelijk perspectief. Preadvies voor de Nederlandse Vereniging voor Aanbestedingsrecht 2009, SDU: Den Haag 2009.
• C.E.C. Jansen, ‘Wisselwerking tussen aanbestedingsrecht en verbintenissenrecht’, Tijdschrift Aanbestedingsrecht 2008, p. 526-540.

News and agenda

Pim Huisman attended the workshop of the international network Public Contracts in Legal Globalization (PCLG) in Lausanne on 10 may 2019. The topic of this workshop was ‘Concessions and similar instruments’. Huisman presented a study of 5 cases concerning the exploitation of casino’s, public transport, mining, advertising objects and of parking garages

➢ International expert meeting 'Optimising public interests by competitive tendering'
On Thursday 25 January (afternoon) and Friday 26 January 2018 (morning) a well-attended international expert meeting took place at VU University Amsterdam about 'Optimising Public Interests by Competitive Tendering'.

➢ CPC-delegation attended workshop network ‘Public Contracts in Legal Globalization’
A delegation of CPC – Chris Jansen, Pim Huisman, Frank van Ommeren and Sophie Prent – attended the annual workshop of the international network Public Contracts in Legal Globalization (PCLG) in Paris on 15 december 2017.

➢ CPC hosts international expert meeting at VU University Amsterdam about Competitive Tendering
On Thursday 25 Januari 2018 (afternoon) and Friday 26 January (morning) 2018 an international expert meeting will take place at VU University Amsterdam about 'Optimising Public Interests by Competitive Tendering'.

➢ CPC hosting Research Network Public Contracts in Legal Globalization

The Spring workshop of the Research Network Public Contracts in Legal Globalization (PCLG) will be hosted by CPC on 22 and 23 June 2017 at Vrije Universiteit in Amsterdam. This workshop marks the launch of a new project of the Network: the impact of competitive tendering and its regulation on the formation and execution of public contracts and concessions.

➢ Masterclasses Public Procurement Law
As in previous years, VU Law Academy will organise in 2017 four masterclasses public procurement law (Masterclasses aanbestedingsrecht, only in Dutch) in close co-operation with CPC. These masterclasses will focus on topics that are currently under debate in public procurement practice. On May 17, the masterclass will be dedicated to ...

➢ IBR-chair Standardization and Conformity Assessment to CPC
The Dutch Institute for Construction Law (Instituut voor Bouwrecht, only in Dutch) provides the Law Faculty of Vrije Universiteit Amsterdam with € 25.000,- per annum for a period of five years, for the purpose of establishing a chair dedicated to Standardization and Conformity Assessment. This area is of great importance from the perspective of both administrative law in general and planning and construction law in particular...

➢ CPC contributes to government expert meeting on investigatory powers of municipal courts of audit
On December 5, 2016, CPC researchers Frank van Ommeren and Chris Jansen participated in an expert meeting organised by the Ministry of the Interior and Kingdom Relations. The meeting discussed whether municipal courts of audit have sufficient investigatory powers and whether legislation is needed as a means to deal with possible problems in this respect.

➢ Rianne Jacobs appointed professor of Legislation and Regulation
Vrije Universiteit Amsterdam has appointed Rianne Jacobs as honorary professor of Legislation and Regulation as of September 1, 2016. The Ministry of Security and Justice has helped establishing this endowed chair. Based on her experience as a legislation lawyer, Jacobs will investigate as CPC researcher issues regarding the transposition of public policy goals into legislation. Examples of such issues are: the implications of technological developments (digitalization) as well as Europeanization and globalization for legislation.

➢ University Research Chair granted to CPC researcher Jacobien Rutgers
Vrije Universiteit Amsterdam has appointed CPC researcher Jacobien Rutgers as full professor in the University Research Chair (URC) program as of January 1, 2017. VU University Research Chair (URC) is a selective and privileged appointment as full professor. The chair has been created to recognize ...

➢ International book project ‘Scarcity and the State’
CPC researcher Frank van Ommeren co-edited two books on the allocation of scarce public rights, in close co-operation with Paul Adriaanse (Leiden University), Willemien den Ouden (Leiden University) and Johan Wolswinkel ...


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