The master's thesis discusses the economic operator's impunity as an obligatory ground for exclusion from a public procurement procedure. By presenting the dilemmas arising from the regulation of this ground for exclusion in the Public Procurement Act (PPA-3) and through the practice of the National Review Commission for Reviewing Public Procurement Procedures (National Review Commission), the master's thesis aims to demonstrate that the legislative provisions relating to verifying the impunity of economic operators involved in public procurement procedures are ambiguous and that it is difficult to verify the fulfilment of this condition in practice. With its decision No. 018-009/2018-6, which the thesis examines in greater detail, the National Review Commission has put contracting authorities in an unfavourable position, as they had to verify whether tenderers fulfil the condition of impunity in a different way than before the controversial decision. The manner of verifying the impunity of tenderers on the date of submitting the tender resulted in a disproportionate burden on contracting authorities, tenderers, and even employees at the Ministry of Justice of the Republic of Slovenia who issue certificates of impunity. The difficulties faced by participants in public procurement procedures have been acknowledged by the legislator that has regulated this area by amendments PPA-3B and PPA-3D, thus simplifying the manner of verifying and proving the absence of grounds for exclusion according to paragraph 1 of Article 75 of the PPA-3.
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