Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law?
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 req...
| Main Authors: | , , |
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| Format: | Article |
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Sweet and Maxwell
2009
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| Online Access: | https://eprints.nottingham.ac.uk/1684/ |
| _version_ | 1848790654859083776 |
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| author | Arrowsmith, Sue Priess, Hans-Joachim Friton, Pascal |
| author_facet | Arrowsmith, Sue Priess, Hans-Joachim Friton, Pascal |
| author_sort | Arrowsmith, Sue |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-14T18:16:03Z |
| format | Article |
| id | nottingham-1684 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T18:16:03Z |
| publishDate | 2009 |
| publisher | Sweet and Maxwell |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-16842020-05-04T20:26:34Z https://eprints.nottingham.ac.uk/1684/ Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? Arrowsmith, Sue Priess, Hans-Joachim Friton, Pascal 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. Sweet and Maxwell 2009 Article PeerReviewed Arrowsmith, Sue, Priess, Hans-Joachim and Friton, Pascal (2009) Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? Public Procurement Law Review, 2009 (6). pp. 257-282. ISSN 0963-8245 http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=6928&recordid=419 |
| spellingShingle | Arrowsmith, Sue Priess, Hans-Joachim Friton, Pascal Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? |
| title | Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? |
| title_full | Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? |
| title_fullStr | Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? |
| title_full_unstemmed | Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? |
| title_short | Self-cleaning as a defence to exclusions for misconduct: an emerging concept in EC public procurement law? |
| title_sort | self-cleaning as a defence to exclusions for misconduct: an emerging concept in ec public procurement law? |
| url | https://eprints.nottingham.ac.uk/1684/ https://eprints.nottingham.ac.uk/1684/ |