EPPPL - European Procurement & Public Private Partnership Law Review

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Die Suche erzielte 2 Treffer.

Carina Risvig Hamer

European Procurement & Public Private Partnership Law Review, Jahrgang 17 (2022), Ausgabe 3, Seite 190 - 201

The article explores and analysis how the principle of proportionality has developed over the years and how the principle is applied in EU public procurement law. It explores different justifications for exclusions of undertakings such as social and environmental considerations, and how the principle of proportionality is used when balancing the different aims in public procurement. It is argued that the principle of proportionality ultimately ensures the procurement rules are flexible and contributes to safeguarding and developing the aims in public contracts. Keywords: proportionality; internal market; restrictions; exclusions grounds

Carina Risvig Hamer

European Procurement & Public Private Partnership Law Review, Jahrgang 15 (2020), Ausgabe 1, Seite 42 - 52

This article seeks to answer the question whether it is possible to exclude an economic operator that the contracting authority does not trust and if so, on which grounds. In light of recent case law from the CJEU, the article explores and analyses the requirements for using the voluntary exclusion grounds dealing with the reliability of economic operators in the Public Procurement Directive Article 57(4) letter c (grave professional misconduct) and letter g (significant or persistent deficiencies in the performance of a contract). The article also elaborates on the possibility of using the rules on self-cleaning in relation to the two exclusion grounds.

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