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Mgr Małgorzata Maśnicka
ORCID: 0009-0002-9073-5336

Attorney-at-law at Pomeranian Bar Association in Gdańsk, chief specialist in the field of public procurement at Institute of Oceanology of the Polish Academy of Sciences in Sopot.

 
DOI: 10.33226/0137-5490.2026.10.3
JEL: K20, G33

This article examines the impact of economic operator’s bankruptcy and restructuring on participation in public procurement proceedings. It contains the analysis of the provisions of Public Procurement Law (the current and previous) addressing economic operator’s bankruptcy and restructuring as grounds for exclusion, including in light of Directive 2014/24/EU. These regulations are compared with the features, purpose, and course of insolvency proceedings. The conclusion is that the current grounds for exclusion related to bankruptcy and restructuring of the economic operator do not fully reflect the various variants of insolvency proceedings, which may result in the exclusion of a reliable economic operator from the proceedings.

Keywords: lic procurement; exclusion grounds; bankruptcy; restructuring