Limitele dreptului de a subcontracta în contractele de achiziție publică

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.