The master's thesis titled References in Public Procurement Procedures, with an Emphasis on Recent Decisions of the National Review Commission, offers a comprehensive review of the legal institute of references in public procurement. In the present work the concept is firstly presented on the basis of the definition of the National Review Commission and legal provisions of the Public Procurement Act, in which references or technical abilities are regulated in Article 76 as one of the possible conditions for participation that the contracting authority may require from tenderers in public procurement procedures. The requirements for determining the conditions regarding technical ability are defined in terms of content, form, and proportionality. Each condition is further illustrated by the decisions of the National Review Commission, which is the Slovenian state body that provides legal protection to tenderers at all procedural levels of the award of public contracts. Present work also deals with the question of whether a reference can be the subject of a legal transaction, to whom the reference is attributed in case of participation of the group of tenderers, and under what conditions can the tenderer refer to the capacity of another economic operator. European union law provides a regulatory framework for public procurement, thus the references to some of the most important decisions of the Court of Justice of the European Union, also referred to by the National Review Commission, are included in the present work. The primary aim of this master's thesis is to present the concept of technical ability through various sources, with emphasis on the decisions of the National Review Commission.
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