Department of Law
Library of the School of Law

2024-10-02

2024

Seiradakis Michalis

1. Βασίλειος Κονδύλης, Καθηγητής Νομικής Σχολής ΕΚΠΑ (Επιβλέπων),
2. Γεώργιος Δελλής, Καθηγητής Νομικής Σχολής ΕΚΠΑ (Μέλος της Τριμελούς Συμβουλευτικής Επιτροπής),
3. Κωνσταντίνος Γιαννακόπουλος, Καθηγητής Νομικής Σχολής ΕΚΠΑ (Μέλος της Τριμελούς Συμβουλευτικής Επιτροπής)

Η συμμετοχική παρουσία τρίτων στους δημόσιους διαγωνισμούς. Ένωση προσώπων & κοινοπραξία, δάνεια, εμπειρία & υπεργολαβία

Greek

The participatory presence of third parties in public procurement procedures. Association of persons & consortium, third party reliance & Sub-Contracting

The thesis extensively and exhaustively presents the process and conditions for the joint participation of economic entities in public tenders, either in a narrow sense (stricto sensu) in the form of an association or through the formation of a consortium or in a broad sense (lato sensu), through the invocation of third parties' skills in terms of third party reliance and through subcontracting the execution of part of the claimed public contract respectively.
As an introduction, a brief reference is made to the role that public procurement plays in the modern
economy and the main pillars of the legislative initiative undertaken within the EU are briefly
presented, as well as the key and innovative changes brought about by the recent set of directives of 2014, as incorporated in national law.
The first section of the thesis is structured in two separate chapters, in which the forms of direct joint
participation of more than one economic entity, with the submission of a single offer (association/joint venture), are analyzed through rich jurisprudential and practical examples. The provisions governing the relations between the members, the way to participate in the pre-contractual stage of an award process and the arising procedural issues are thoroughly analyzed.
In the second section, the forms of indirect participatory presence (third party reliance/subcontracting) are presented in contrast. The similarities, the differences, but also the points of
overlap of the relevant provisions are developed in detail, while the individual terms and conditions of
their application are highlighted, through a thorough overview of the relevant jurisprudence for the special cases of exceptions, limitations and prohibitions on the possibility of invoking them.

Law and Legislation

Public Contracts, Association of persons, Joint Venture/Consortium, Third Party Reliance, Subcontracting, joint participation, participatory presence, support on the capacities of third parties, fulfillment of quality selection criteria, lending of experience (resources, logistical infrastructure, know-how, personnel, financial means, etc.)

Yes

22

No

306

377

https://pergamos.lib.uoa.gr/uoa/dl/object/3419041/file.pdf

https://pergamos.lib.uoa.gr/uoa/dl/object/3419041