The reliability of the economic operator and the review of the administrative judge on the choice of the public administration

Art. 80 of Legislative Decree no. 50/2016 (public contracts code) regulate the causes of exclusion of an economic operator from the procedure for awarding public contracts due to the lack of the so-called general requirements. The rule defines the power of the administration to exclude an economic operator from the current procedure in the event that certain conditions are met. Heterogeneous situations constitute grounds for exclusion: from having reported definitive criminal convictions related to the activity of the company (from crimes for the purpose of offenses. In some cases, the administration must exclude the economic operator from the tender, limiting itself to verifying the concrete existence of the conditions specifically provided for by the law; other times, however, it must not only “verify” whether the condition described in general terms by art. 80 recur, but must “evaluate” whether in the concrete case it effectively determines the exclusion from the current procedure.