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Dr hab. Małgorzata Sieradzka, prof. UŁa
Dr hab. Małgorzata Sieradzka, prof. UŁa
ORCID: 0000-0002-3930-6491
Professor at the Faculty of Law and Administration of the Lazarski University in Warsaw, lecturer in medical law at postgraduate studies at the Medical University of Warsaw, author of over 250 publications, including 8 monographs, editor of the commentary to the Public Procurement Law Act, co-author of the commentary to the Act on Competition and Consumer Protection, commentary to the Act on Proceedings before administrative courts. An attorney at law.
DOI: 10.33226/0137-5490.2021.11.8
JEL: K22, K29

The commented ruling of the ECJ has practical implications for the public procurement market in the Member States. The ECJ examined whether in the situation when grounds for exclusion arise in relation to a subcontractor, the contracting authority may exclude from the procedure the contractor who indicated the subcontractor in its tender. The aim of the article is to show the correct procedure of the contracting authority in a situation where the grounds for exclusion concern subcontractors. The ECJ confirmed the compliance with EU law of national regulations providing for the possibility of examining exclusion criteria also in relation to subcontractors. However, according to the principle of proportionality, the contracting authority must be able to assess whether the economic operator is able to perform the contract without the subcontractor's participation before the exclusion of the economic operator. Thus, the ECJ ruled that national legislation providing for the automatic character of such exclusion are incompatible with EU law.

Keywords: judgment of the ECJ; exclusion from the proceedings; Directive 2014/24; public procurement; automatic exclusion
DOI: 10.33226/0137-5490.2020.3.1
JEL: K2 (artykuł w języku angielskim)

The purpose of the amendments introduced by the
Act of 31 July 2019 amending certain acts in order to
reduce the regulatory burdens, called the deregulatory
act, is to reduce unnecessary and excessive regulatory
burdens. New provisions are to improve the succession
by enabling or improving the exercise of rights in
relation to assets of an enterprise when the share in
the enterprise is included into an estate from a
deceased spouse of the sole trader. The deregulation
act provides for the amendment to the Act on the
succession administration of an enterprise of a natural
person to reduce inaccurate and excessive regulatory
burdens, in particular, those of an administrative
nature.

Keywords: entrepreneur; succession; authorising acts; decisions related to the enterprise; interim representative

Professor at the Faculty of Law and Administration of the Lazarski University in Warsaw, lecturer in medical law at postgraduate studies at the Medical University of Warsaw, author of over 250 publications, including 8 monographs, editor of the commentary to the Public Procurement Law Act, co-author of the commentary to the Act on Competition and Consumer Protection, commentary to the Act on Proceedings before administrative courts. An attorney at law.