Institute of European Law hosts the SAPIENS Network Final Conference 

Introduction

On 20 June 2024, the Institute of European Law (IEL), a part of Birmingham Law School at the University of Birmingham, hosted the final Network Conference of the EU Horizon 2020-funded SAPIENS (Sustainability in International, European, and National Systems) Network: “Sustainability and Procurement”. This was also the IEL’s ninth “The Future of European Law and Policy” Conference.

The Conference was aimed at introducing SAPIENS Early Stage Researchers (ESR) to policy decisions and the broader academic community, serving as a pivotal platform for both scholarly exchange and career opportunities. This event provided ESRs with a platform to showcase their research in their respective fields. They presented their contributions, touching upon the myriad dimensions of sustainability and public procurement.

Approximately 200 in-person and online attendees participated in the conference. The attendees included SAPIENS lead researchers, SAPIENS external experts, representatives of SAPIENS Partner Organisations (PO), policymakers and academics from a diverse array of European universities outside the SAPIENS Network. 

The SAPIENS final conference marked the conclusion of the SAPIENS project, which ends in August 2024. With this milestone, all SAPIENS events accessible to the broader public have reached completion. While marking the conclusion of formal project activities, the ESRs continue their research independently, remaining integral members of the SAPIENS community.

Opening Panel

The conference commenced with an opening panel led by IEL Director Professor Martin Trybus, who is also the SAPIENS Network Director of Training. The panel featured a lineup of renowned speakers, including Professor Steven Schooner from The George Washington University Law School (SAPIENS PO), Professor Elisabetta Manunza from Utrecht University (SAPIENS External Expert), Malcolm Harbour CBE, former MEP for the West Midlands, and Eliza Niewiadomska Senior Counsel from the European Bank of Reconstruction and Development (EBRD) (SAPIENS PO). The presentations underscored that sustainability is intricately linked with the EU’s goal of promoting peace, its core values, and the well-being of its citizens. Speakers emphasised the use of international cooperation instruments to enhance sustainability in procurement and stressed the imperative of ensuring no human rights violations in trade relationships. Additionally, they highlighted that changing culture is more challenging than implementing rules.

In discussing sustainability and procurement, Professor Schooner stressed that enhancing sustainability aspects through public procurement requires a mindset shift

“Ultimately, it all revolves around people — procurement legislation, regulation, and policy alone cannot alter human nature or procurement outcomes”

(from left to right: Professor Steven Schooner (George Washington University Law School), Malcolm Harbour CBE (former MEP for the West Midlands), Professor Elisabetta Manunza, (Utrecht University), Eliza Niewiadomska (European Bank of Reconstruction and Development), Professor Martin Trybus, (University of Birmingham).

The SAPIENS Network Conference featured a series of parallel workshops (WS) designed to explore various facets of sustainability aspects and public procurement. Each panel was designed so that ESRs could share the stage with PhD and more senior colleagues outside SPIENS Network to discuss innovative strategies for implementing sustainability practices across different sectors and scales.

WS1A: Revolutionizing Procurement with Industry 4.0 Sustainability

Exploring the transformative potential of Industry 4.0 technologies and their ability to enhance the efficiency of public procurement, the session highlighted how these advancements could revolutionise procurement processes. The discussion explored the integration of digital technologies to enhance the sustainability of procurement processes, emphasizing the importance of real-time data monitoring for transparency, efficiency, and accountability. A key focus was on how Industry 4.0 technologies can seamlessly interact with digital procurement systems, addressing the complexities of data integration to maximize benefits. The panel highlighted the emerging gap in data governance analysis and regulation within the procurement context, stressing the need for robust frameworks to manage data integrity and security. Dr Michal Kania (University of Copenhagen & University of Silesia) chaired this session, with speakers ESR Nadia Sava (Babes-Bolyai University), Professor Albert Sanchez-Graells (University of Bristol), and Associate Professor Marta Andhov (University of Copenhagen) sharing their contributions.

Nadia Sava emphasised that data infrastructure is essential for e-Procurement and digital technologies, stressing that

“if you cannot measure it, you cannot manage it”

WS1B: Empowerment in Procurement: Fuelling Small Businesses, Start-ups, and Women Leaders

With a focus on the role of procurement in empowering underrepresented economic actors, the discussion focused on strategies to facilitate the participation of SMEs and start-ups in public procurement. The panel addressed the unique challenges faced by start-ups, exploring specific measures to support their entry into procurement markets. Additionally, discussions touched upon what constitutes a women-owned business and investigated whether these businesses are adequately participating in public procurement. Gender-responsive procurement practices were also examined, emphasising the importance of inclusivity and diversity in procurement processes. Professor Geo Quinot (Stellenbosch University) chaired the session, featuring contributions from ESR Xinyue Xue (University of Birmingham), Professor Martin Burgi (Ludwig Maximilian University), ESR Dibya Rathi (Corvinus University of Budapest), and PhD Candidate Chika Okeke (University of Birmingham).

Chika Okeke work recommended that

“in adapting a legal framework that promotes increased women-owned businesses’ participation in PP, there should be universally acceptable criteria for determining women-owned businesses”

WS1C: Measuring Impact, Driving Change: The Power of Sustainable Procurement Practices

Delving into the practical aspects of implementing Sustainable Public Procurement (SPP) and its economic implications, the workshop covered organisational changes and factors influencing SPP approaches. Methods for measuring the economic impact of sustainable award criteria in public procurement were also presented. The panel emphasised that collaboration is essential in navigating the complexities of SPP. The panellists highlighted the need for understanding collaboration channels, the mechanisms involved, the benefits of such partnerships, and potential drawbacks. The panel also delved into the organisational factors that influence SPP approaches and discussed sustainability programs designed to encourage individuals and organizations to collectively improve the environmental and social conditions of their communities. Chaired by Professor Luke Butler (University of Nottingham), the session included perspectives from ESR Felippe Vilaça (University of Gävle), PhD Candidate Duccio Tosi (Sant’Anna School of Advanced Studies Pisa), ESR Enrique Carreras (University of Turin), and Professor Kirsi-Maria Halonen (University of Lapland).

In her presentation, Kirsi Maria Halonen underlined that

“sustainability criteria in procurement shall focus on the concrete green impact potential of the product in question and not on how the procurement looks”

WS2A: Global Strategies: sustainability in procurement and the evolution of Free Trade Agreements

This session examined the role of free trade agreements (FTAs) in promoting sustainable procurement. The panellists explored the intersection of global procurement strategies and the development of sustainable practices within FTAs. They also discussed the organisational factors that influence SPP approaches designed to encourage collective environmental and social improvements. Additionally, the panellists showcased the EU-US joint catalogue of Best Practices on Green Public Procurement, which reflects a shared understanding of how green public procurement can contribute to achieving common environmental goals in the fight against climate change at an international level. Professor Nicolas Gabayet (Jean-Monnet University) chaired this session, which featured speakers ESR Natalia Spataru (University of Birmingham), Tom Daley (Government Contracts Associate, DLA Piper), and ESR Valentina Bianchini (University of Rome Tor Vergata).

Tom Daley’s emphasised that

“sharing lessons learned to facilitate procurement planning and achieving sustainability outcomes”

WS2B: Contracts that Deliver: Enhancing Performance through Sustainability

Focusing on enforcing sustainability in contract performance, the session addressed monitoring and enforcement mechanisms and highlighted the impact of environmental considerations and unforeseen events on contract modifications. The discussion included a comparison of contract monitoring and transparency results, highlighting best practices and areas for improvement. The panel also delved into the role of sustainability in contract performance, showcasing how integrating sustainable practices can lead to more resilient and effective contractual outcomes. Chaired by Associate Professor Miguel Assis Raimundo (Lisbon University), the discussion included insights from Professor Tünde Tátrai (Corvinus University of Budapest), ESR Ezgi Uysal (University of Turin), and Associate Professor Piotr Bogdanovicz (Warsaw University).

One of the main outputs delivered by Tunde Tatrai stated that

“there is a link between the monitoring and transparency of public procurement contract performance and the level of perceived corruption, as countries with lower corruption perceptions have made less effort in developing robust public contract monitoring tools”

WS2C: Ethical Sourcing: Unveiling the Power of Sustainable Supply Chains

This session explored the intersection of procurement, human rights, and global supply chains. Discussions included the possibility of using public procurement to enforce labour rights and promote responsible business conduct. This involved introducing new paradigms that support worker-driven approaches to procurement, ensuring that the voices and needs of workers are central to procurement strategies. The panellists highlighted that by prioritising ethical practices, public procurement can drive positive change and foster more equitable business environments. Professor Steven Van Garsse (Hasselt University) chaired the session, with contributions from ESR Laura Treviño-Lozano (University of Greenwich), PhD Candidate Giulia Botta (University of Milan), and PhD Candidate Martina Trusgnach (University of Greenwich & Greater London Authority).

“The role of non-actors as potential addressees of human rights law obligations and catalyst of international responsibility “

emerged during Giulia Botta’s presentation.

WS3A: Sector Innovation: Pioneering Sustainable Procurement Practices

Sector-specific sustainable procurement practices, particularly in the construction sector, were the session’s focal point. The discussions emphasised the importance of life-cycle assessment methodologies and highlighted tools to facilitate the transition to low-carbon buildings. The session also highlighted the critical need for the public sector to invest in energy-efficient buildings as a cornerstone of effective sustainability practices. The panellists emphasised that given that the public sector accounts for 10% of the EU’s total final energy consumption and is the largest client in the construction industry (spending roughly 30% of the sector’s total output) its role in driving energy efficiency cannot be overstated. The session’s chair was Professor Martin Trybus (University of Birmingham), with insights from ESR Alexandru Buftic (Babes-Bolyai University), ESR Haitham Abu-Ghaida (Hasselt University), and Dr Alina Galimshina (ETH Zürich).

“The leadership role of governments in using their purchasing power to choose goods, services and works with reduced environmental impact”

was emphasised in Alexandru Buftic’s presentation.

WS3B: Climate Warriors: Tools for Sustainable Procurement in a Changing World 

Exploring procurement tools to combat climate change, this session examined the impact of sustainable award criteria on firm performance and emphasised the importance of collaborative approaches to sustainability. Additionally, the session highlighted Italy and France’s introduction of mandatory rules for sustainable food sourcing in public schools. These regulations combine sectoral and horizontal strategies to support various products and attributes, with a special emphasis on promoting organic farming. Professor Ximena Lazo Vitoria (University of Alcalá) acted as chair for this session, which featured speakers ESR Federica Muscaritoli (University of Copenhagen), Professor Davide Vannoni (University of Turin), and ESR Chiara Falvo (University of Turin).

When discussing national systems, Chiara Falvo stressed that

“to ensure effective implementation and sustainable outcomes, it is crucial for both Italy and France to further enhance administrative capacities, simplify procedures, and build strategic partnerships”

WS3C: Circular Economy Champions: Leading the Way in Sustainable Procurement 

Leading discussions on integrating circular economy principles into procurement, the session covered the role of digital transitions and dynamic purchasing systems in promoting sustainability. The panellists highlighted the problems associated with the dominant linear economy model, which drives exponential increases in material consumption, pollution, and waste. In contrast, a circular economy aims to retain the value of resources and significantly reduce waste. The session also focused on how digital transitions and dynamic purchasing systems can support sustainable practices, offering innovative tools to drive the shift towards more sustainable procurement. The chair, Associate Professor Willem Janssen (Utrecht University & Groningen University), moderated the contributions from ESR Aura Iurascu (Hasselt University), Professor Gabriella Racca (University of Turin), and Professor Dacian C. Dragos, Associate Professor Bogdana Neamtu, and Dr Cristina Haruta (Babes-Bolyai University).

In her presentation, Aura Iurascu emphasized that

“a circular economy requires clarification of the legal framework and identifying its loopholes for contracting authorities and economic operators”

Reception and Poster Show 

The conference was followed by a reception hosted by the SAPIENS Network PO, the EBRD. During the reception, the SAPIENS Network ESRs showcased their research findings through an engaging poster show, which provided a visual and interactive platform for the ESRs to present their work.

 

(The reception was opened with a speech from Eliza Niewiadomska, (EBRD) and Professor Roberto Caranta, (SAPIENS Network Coordinator).

The SAPIENS Network Conference facilitated a collaborative environment that brought together experts and stakeholders from various fields. This event provided a platform for discussing the transformative power of public procurement and its potential to advance sustainability goals. The insights shared and the connections made will undoubtedly contribute to ongoing efforts to integrate sustainability into public procurement practices worldwide. The SAPIENS Network has not only set a high bar for future conferences but also continues to inspire and shape efforts towards a more sustainable and equitable world.

Participants in the SAPIENS Network Final Conference.