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Self-Cleaning in EU Public Procurement Law and Its Transposition into Polish Law

Aldona Kowalczyk, Aleksandra Sołtysińska

DOI https://doi.org/10.21552/epppl/2021/3/4

Keywords: public procurement, self-cleaning, exclusion grounds


The concept of self-cleaning was introduced into Polish and EU public procurement law relatively recently though, earlier, many EU Member States and international institutions saw the need to allow errant contractors to show contrition and goodwill by adopting voluntary remedial measures. Numerous doubts attach to specific remedial measures, timeframes and documents needed for a contractor’s recovery of good standing, and to contractors participating in several tenders simultaneously. This article seeks to both propose the imposition of some sort of order on the self-cleaning regime and respond to issues arising in everyday practice and jurisprudence.
Keywords: public procurement, self-cleaning, exclusion grounds

Aldona Kowalczyk, legal advisor and partner at Dentons law firm. Aleksandra Sołtysińska, judge and lecturer in European Law at the Jagiellonian University of Kraków. For correspondence: <mailto:aldona.kowalczyk@dentons.com>, <mailto:ola-soltysinska@o2.pl>.

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