RELIABILITY UNDER EU PUBLIC PROCUREMENT LAW
RELIABILITY UNDER EU PUBLIC PROCUREMENT LAW

Author(s): Hana Kováčiková
Subject(s): Social Sciences, Economy
Published by: Udruženje ekonomista i menadžera Balkana
Summary/Abstract: To exclude or not to exclude? A question asked by many contracting authorities when assessing bids submitted by tenderers, whose reliability might be compromised by their previous misbehaviour or even worst – a criminal offence. According to law, contracting authorities can exclude such tenderers. However, at the same time, tenderers should be allowed to adopt compliance measures aimed at remedying the consequences of their action. In this article the author analyses some aspects of discretional exclusion of tenderers with doubted reliability in the public procurement process according to the 2014 European Union´s Public Procurement Directive and the recent case law of the Court of Justice of the European Union.

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