Clement Mifsud-Bonnici recently participated in a multi-jurisdictional study commissioned by The Polish Public Procurement Law Association on the grounds for excluding bidders in public procurement in EU and EFTA states.
Among the key findings of the report, it was reported that “the majority of EU and EFTA states did not avail of the opportunity to make more precise the content of the provisions of Directive 2014/24/EU in the national legal regimes in such manner that would make it possible to minimalise interpretational doubts […] and that these doubts will have to be resolved in the case law of the CJEU or of national appeal authorities.”
An example of this is Malta. It has been found that Malta is the only Member States to have retained the wording of the previous Directive 2004/18 on the non-mandatory ground of exclusive relating to professional misconduct.
Click here to view the report.
The report was formally presented during a conference on 30 September 2019 in Poland.