Abstract

The issue of subjective conditions of participation for groups of economic operators is part of a wider topic of access to public procurement. At the same time, it is an example of a specific normative structure, determined by the law to establish consortia in order to compete for public contracts. At the same time, an important role in this matter is played by the contracting authority’s right to define specific requirements by groups of contractors for the conditions of participation in the public procurement procedure. The main purpose of the article is, therefore, the reconstruction of the legal justification for special subjective requirements towards consortia in public procurement. The article analyzes practical models of special requirements for groups of economic operators in public procurement procedures and the conditions for their application in accordance with Polish and EU law.