Abstract

One of the basic characteristics of a contractor competing for a public contract is reliability. It is the basis for a relationship of mutual trust between the contracting authority and the contractor. It is down to the contracting authority, as the investigating authority, to decide whether the contractor is to be excluded or not, and to assess whether any corrective measures taken by an excluded contractor are adequate and sufficient. When implementing the provisions of the directives, Member States are subject to restrictions – especially regarding the purpose and principles of EU law.