| Abstract [eng] |
Legal Preconditions for the Inclusion in the List of Unreliable Suppliers and the Relationship of This Institute with The Principle of Proportionality The master's thesis analyses the basis for blacklisting suppliers due to poor past performance in previous public procurement contract. The category of unreliable supplier and the related clarifications were formed in the case law of the Court of Justice of the European Union, and were later legally established in the Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC. In the Law on Public Procurement of the Republic of Lithuania, the conditions for the application of this basis were established in 2 May 2017. Despite the fact that the national legislature chose the strictest option for the application of this framework, the problems of this institute are reflected in the context of incompatibility with the principle of proportionality. The formal and irrational exercise of the discretion conferred on contracting authorities causes serious damage to the proper implementation of the objectives of public procurement, to other contracting authorities and to suppliers. The main reason for this problem is that contracting authorities do not have sufficient information resources to assess the overall "picture" of a reliable category of suppliers. The first part of the master's thesis presents the general features of the termination of a public procurement contract and the related problems regarding the peculiarities of the implementation of the contracting authority's discretionary rights. The second part examines the preconditions for the emergence of the basis for the exclusion of unreliable suppliers in Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC. It also analyses the case law of the Court of Justice of the European Union, which reflected the need to establish this basis at the legislative level and the practice of applying this institute today. The right granted to suppliers to "self-clean" from the past poor performance of an improperly executed public procurement contract is studied in the third part of the master's thesis. The practical problems of applying “self-cleaning” measures of suppliers are presented and the question of whether the contracting authorities should give priority to the supplier's past or possible future actions when assessing the suppliers' efforts to “self-clean” is presented. |
