2022
Monica Amalia RAȚIU, Associate Professor, Faculty of Law, University of Bucharest, Simona GHERHINA, Professor, Faculty of Law, University of Bucharest, Limits of the right to subcontract in public contracts
DOI: https://doi.org/10.31178/AUBD.2022.06
Abstract: Although
in the field of public procurement the use of subcontractors has been accepted
and gradually extended both at the level of regulations and in practice, the
details of its legal regime remain to be fully outlined, in particular as
regards the extent of subcontracting and the possibility of limiting it in
European and national law. In those circumstances, the practice has led to the
emergence of at least three main questions relating to the method of setting
the limits of subcontracting, namely the admissibility of full subcontracting,
the conditions under which restrictions on subcontracting may be set and the
admissibility of the imposition of restrictions on the price of subcontracting.
Based on the relevant case-law, the study analyzes the legal regime of the
limitations that can be brought to the right to subcontract and their impact on
the intuitu personae character of the public procurement contract.
Keywords: public procurement, subcontracting, SME, subcontractors, third parties capabilities.
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