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Issues regarding selected conditions for participant exclusion in public procurement proceedings
 Hourová, Aneta ; Horáček, Tomáš (advisor) ; Flídr, Jan (referee)
1 Abstract Issues regarding selected conditions for participant exclusion in public procurement proceedings This dissertation deals with issues surrounding specification of conditions for participant exclusion in public procurement proceedings with special focus on the condition contained in section 48(5)(d) of Act No. 134/2016 Coll., on public procurement procedure ("PPP"). The issue presented by the condition for exclusion in section 48(5)(d) PPP, which states that the contracting authority may exclude a participant from the procedure on grounds of unsuitability, relates to how this is achieved in practice according to the rules and principles of the PPP and the regulation of the quality of competition (unfair competition). This dissertation draws attention to the limitations of section 48(5)(d) PPP and its application, and critically analyses and evaluates its subject. According to the current jurisprudence of the Office, the exclusion of a participant can often be unsuccessful due to a confusing interpretation of the rules of its application. The Office for the protection of competition has stated that for a successful exclusion of a participant under section 48(5)(d) PPP, the contracting authority must satisfy an evidential burden and prove that a misconduct by a reliable supplier has occurred. This...
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