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Public procurement and access to justice: a legal and empirical study of the UK system (2016)
Journal Article
Arrowsmith, S., & Craven, R. (2016). Public procurement and access to justice: a legal and empirical study of the UK system. Public Procurement Law Review, 6, ISSN 0963-8245

This article presents the findings of an empirical study into suppliers’ behaviour in enforcing EU public procurement law in the UK - where there is a low level of procurement litigation – and the factors influencing this. The study indicates that mo... Read More

Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? (2009)
Journal Article
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), ISSN 0963-8245

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 sta... Read More

Modernising the EU’s public procurement regime: a blueprint for real simplicity and flexibility
Journal Article
Arrowsmith, S. Modernising the EU’s public procurement regime: a blueprint for real simplicity and flexibility. Public Procurement Law Review, 21, ISSN 0963-8245

On 20 December 2011 the European Commission published its proposals for two new procedural directives on public procurement, one to replace Public Sector Directive 2004/18 and one to replace Utilities Directive 2004/17, with the stated aims of “simpl... Read More

Rethinking the approach to economic justifications under the EU's free movement rules
Journal Article
Arrowsmith, S. Rethinking the approach to economic justifications under the EU's free movement rules. Manuscript submitted for publication

The ECJ has frequently stated that it is a general rule that “economic” aims are precluded as justifications for restrictions on free movement. This on its face suggests that free movement always and automatically trumps national economic interests.... Read More