Resumo

MOREIRA, José Azevedo. Self-cleaning under the Public Contracts Code. e-Pública [online]. 2017, vol.4, n.2, pp.121-144. ISSN 2183-184X.

This article concerns the self-cleaning regime set forth in the Public Contracts Code. Following a few general remarks regarding the insertion of the self-cleaning concept in the Portuguese system of exclusions, the article aims essentially at providing some guidelines for the interpretation of the self-cleaning criteria set out in article 55-A of the PCC. The article also briefly addresses the legislative option for a system of decentralized case-by-case assessment of self-cleaning requests. Summary: 1. Exclusion grounds and self-cleaning; 2. Self-cleaning within the Portuguese legal environment; 3. Brief reference to paragraph 1 of Article 55-A; 4. The self-cleaning criterion; 4.1. The wording of the criterion; 4.2. The purposes of exclusion; 4.3. The set of self-cleaning measures; a) Compensation for damages; b) Clarifying the facts; c) Technical, organisational and personnel measures; 4.4. The gravity of the offence leading to exclusion; 5. Restriction to self-cleaning when exclusion is determined by a sanction; 6. Case-by-case assessment; 7. Final remark.

Palavras-chave : Public procurement; Public Contracts Code; Directive 2014/24/UE; Exclusion grounds; Self-cleaning.

        · resumo em Português     · texto em Português     · Português ( pdf )