O momentum da fase de habilitação do adjudicatário

Abstract

This dissertation aims to go through the qualification phase of the public procurement procedure in Portugal, highlighting the importance of verifying exclusion grounds, whether of a personal scope or relating to the professional and technical capacity of the contractor. The establishment of impediments to participation in public procurement procedures is seen by legal scholars as an instrumental measure since the law aims to prevent certain economic operators from contracting with the Contracting Authorities. This measure is yet another clear difference between public procurement and private procurement: the existence of these exclusion grounds reflects the fact that the Contracting Authorities relationship with the market is never free of public policy concerns and the pursuit of the public interest. In fact, the qualification phase plays an extremely key role in the conclusion of the procedure, also in the execution of the contract itself, and has brought the legislator, the courts, and the contracting authorities themselves face to face with complex challenges.

Date of Award	7 Jan 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Pedro Cerqueira Gomes (Supervisor)