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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

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
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
APA6 Citation Arrowsmith, S., Priess, H., & Friton, P. (2009). Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law?. Public Procurement Law Review, 2009(6),
Publisher URL http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=6928&recordid=419
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingh.../end_user_agreement.pdf

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eprints_pplr_selfcleaning.pdf (371 Kb)
PDF

Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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