Abstract

Properly preparing and conducting a public procurement procedure depends to a large extent on the specific actions of the officers performing the tasks entrusted to them by the contracting authority. The shortage of appropriate instruments allowing for the enforcement of liability towards individuals who violate their employment duties related to the awarding of contracts has very negative consequences, both in terms of the proper allocation of public funds and the image of those officers. This leads to the search for an appropriate model of personal liability, where, depending on their status, they would take the form of orderly, material, disciplinary or professional liability. By overcoming the shortcomings of the current solutions, it would, on the one hand secure the public interest, and on the other hand protect the interested parties themselves.