To the question of some grounds for the removal of economic entities from participation in public procurement. Foreign experience

In this paper, the author takes a closer look at some aspects of the exclusion of business entities from participation in public procurement under the law of the European Union and national legislation of the participating country by the example of the Federal Republic of Germany are examined. In order to carry out a rather-legal analysis of the existing regulatory framework and law enforcement practice, mandatory and optional grounds for excluding business entities from participation in public procurement, in particular due to unsatisfactory previous experience of performing under public contracts are examined. The author studies the legal position established in German jurisprudence and practice of administrative authorities concerning the exclusion of participants from the procurement procedure, with a view to the private and public interest ratio.