SAPIENS Researchers Participate in EPLG Seminar on the Reform of the 2014 EU Public Procurement Directives

On 2–3 April 2025, members of the SAPIENS Network participated in the European Procurement Law Group (EPLG) Seminar held at Université Jean Moulin (Lyon III) and hosted by the Chaire de droit des contrats publics. The seminar focused on the upcoming volume “Future Perspectives for Directive 2014/24/EU: Reform Proposals”, which will be published by Edward Elgar Publishing.

This new book project, co-edited by François Lichère, Kirsi-Maria Halonen, and Willem Janssen, brings together leading scholars in European public procurement law. The volume aims to inform and shape the next potential reforms of the Public Procurement Directive. Each short chapter addresses a specific part or theme of the Directive, highlighting key challenges and offering forward-looking proposals for reform. This novel approach is expected to make a significant impact on how the next generation of procurement rules may evolve.

During the seminar in Lyon, contributors gathered to discuss their draft chapters. From the SAPIENS Network, our Network Coordinator Prof. Roberto Caranta, Lead Researcher Prof. Dacian Dragos, and former Early Stage Researcher Ezgi Uysal were among the invited authors. They presented their contributions to the book, sparking lively and constructive discussions among EPLG members.

Prof. Roberto Caranta presented his chapter focusing on the new external dimension of EU public contracts. His presentation explored the increasing external dimension of EU public procurement law, focusing on several key developments: the Foreign Subsidies Regulation (FSR), the Net Zero Industry Act (NZIA) and its emphasis on resilience, the International Procurement Instrument (IPI), and the evolving interpretation of Article 25 of the Public Procurement Directive. 

Prof. Dacian Dragos presented his chapter on the future of exclusion grounds under EU public procurement law. His contribution critically examined the current exclusion mechanisms set out in the Public Procurement Directive, identifying gaps and inconsistencies that hinder their effectiveness across Member States. Key issues discussed included the harmonisation of mandatory and discretionary exclusion grounds, the role and limitations of self-cleaning measures, and the need to balance exclusion decisions with the principles of proportionality and non-discrimination.

Ezgi Uysal contributed with a chapter focusing on contract termination highlighting the ambiguities surrounding Article 73 of the Public Procurement Directive. Her presentation addressed the challenges stemming from the Directive’s termination rules. However, the Directive’s language only requires Member States to ensure that contracting authorities can terminate contracts, without clearly establishing an obligation to do so. By analysing limited case law and debates in the literature, Uysal’s chapter highlights the current gaps and uncertainties, and suggests a revised version of Article 73 that better balances conflicting interests while aligning with broader procurement goals.

The active participation of SAPIENS researchers in this volume underscores the network’s contribution to shaping the future of European procurement law.