CORRUPTION IN PUBLIC TENDERS CONCEPT OF SELF-CLEANING
CORRUPTION IN PUBLIC TENDERS CONCEPT OF SELF-CLEANING

Summary/Abstract: Public tender procedures shall be conducted according to the fundamental principle of transparency. Candidates and bidders who have been the subject of a conviction by final judgment for a statutory offence (e.g. due to corruption, fraud, money laundering) shall generally be excluded from the participation in a public tender. According to the new proposal of the European Commission regarding the reform of the current directives on public procurement, the bidder shall be given the opportunity to demonstrate its reliability, despite the existence of an exclusion ground. For the purpose of the re-admission into the public procurement process, the bidder shall implement appropriate preventive measures in the technical, organisational and personal respect (e.g. dismissal of employees responsible for the criminal offence, implementation of an effective compliance programme). If the new proposal of the European Commission is adopted, it could establish an EU-wide level playing field regarding the concept of self-cleaning. Furthermore, it could result in the strengthening of the fair and open competition among reliable economic operators.

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