Prawo Zamówień Publicznych

no. 4/2020

Practical aspects of using self-cleaning institutions in public procurement

Aldona Kowalczyk
jest radcą prawnym, partnerem w kancelarii Dentons
Abstract

The possibility for contractors applying for a public procurement contract to provide evidence that they have taken corrective measures (self-cleaning) that prove their reliability, despite the existence of one of the grounds for exclusion from the procedure, was introduced by the Public Procurement Directive 2014/24/EU, which is new in relation to the previous Directive 2004/18/EC. However, the application of this institution in practice raises many questions and doubts that have not been explained by either the case-law of the Court of Justice of the EU or by the national case-law.