Abstract

The national regulations concerning invalidation of proceedings should be aligned with the specificity of the legal system of a given Member State. The effect of copying the laws of other Member States with different “legal culture” - since there are no grounds for invalidation of the proceedings provided for straight in the EU directives - may be opposite to what has been aimed for. Nowadays, there is no rational justification for eliminating a closed list of circumstances for invalidation of proceedings. It is not a question of imposing formalized requirement on the contracting authority, but explicit regulations. The parties to public procurement proceedings must know how to comply therewith and what they can expect.