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The preventive role of the judiciary in protecting the financial interest of the European Union.
A comparative analysis for improved performance
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establish that the economic operator is able to perform the contract taking into consideration the
relevant provisions and the measures on the continuation of its business activities.
Forth, in all the countries, even in Romania, were the facultative grounds became mandatory, the grounds
for exclusion provided by Article 57 paragraph 4 of Directive 2014/24/EU will not be applied when:
1.
the bidder provided the contracting authority with information that the following measures have
been taken:
a.
the bidder has voluntarily paid or has committed to pay the compensation for the damages
incurred due to the criminal activities or misdemeanours where applicable;
b.
the bidder has cooperated, actively provided assistance or has taken other measures helping to
investigate, uncover the criminal activity or misdemeanour it has committed, where applicable;
c.
the bidder has taken technical, organisational, personnel management measures directed
towards preventing further criminal activities or misdemeanours;
2.
the contracting authority evaluated the information provided by the bidder following this procedure
and took a motivated decision that the measures taken by the bidder to prove its reliability are
sufficient. The sufficiency of these measures is evaluated based on how serious the criminal act or
misdemeanour was and what were the circumstances.
With reference to the suspension of the sanction, exclusion should not occur when the offence (a) is no-
longer sanctioned as a crime, (b) when a restoration has taken place, or (c) in case of revocation of the
sentence.
In the context of the present research, it is important to stress that the breach of tax and social security
obligations and most of the facultative grounds for exclusion provided by the Directive 2014/24/EU are
not necessarily criminal offences