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Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law?

Arrowsmith, Sue; Priess, Hans-Joachim; Friton, Pascal

Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? Thumbnail


Authors

Sue Arrowsmith

Hans-Joachim Priess

Pascal Friton



Abstract

The EU procurement directives provide for both discretionary and mandatory exclusions from EU public contracts of suppliers convicted of criminal offences or involved in gross misconduct. This article seeks to demonstrate that, although it is not stated expressly in the directives, it is a legal requirement to recognise as a defence to exclusion that the supplier concerned has undertaken self-cleaning measures to prevent a repetition of the conduct concerned.

Journal Article Type Article
Publication Date Jan 1, 2009
Deposit Date Sep 7, 2012
Publicly Available Date Sep 7, 2012
Journal Public Procurement Law Review
Print ISSN 0963-8245
Electronic ISSN 0963-8245
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 2009
Issue 6
Public URL https://nottingham-repository.worktribe.com/output/1014131
Publisher URL http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=6928&recordid=419

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