Fighting Corruption in Public Procurement: A Comparative Analysis of Disqualification or Debarment MeasuresBloomsbury Publishing, 2012. gada 6. nov. - 356 lappuses Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank. |
Saturs
Procedural Issues Affecting Disqualification | |
Commission Case T45093 1994 ECR II1177 113 | |
The Effect of Disqualification on Existing Contracts | |
R Asha Foundation v Millennium Commission 2003 EWCA Civ 88 123 | |
Cape Metropolitan Council v Metro Inspection Services Western Cape CC and others 2001 3 SA 1013 SCA | |
Chronological | |
Derogating from Disqualification | |
Brent London Borough Council Others v Risk Management Partners 2011 UKSC 7 250 256 | |
European Court of Human Rights | |
Australia | |
American Cyanamid Co v Ethicon Ltd No 11975 AC 396 291 | |
Transocean Marine Paint v Commission Case C1774 1974 ECR 1063 113 | |
Disqualifying Entities and the Scope of Disqualification | |
Investigations | |
The Disqualification of Persons Related to a Corrupt Supplier | |
Port Talbot Borough Council exparte Jones 1988 2 All ER 207 219 | |
Auckland Harbour v R 1924 AC 318 230 | |
Hoffman 419 FSupp 130 DDC 1976 61 265 269 | |
Remedies for Affected Suppliers | |
R Cookson Clegg v Ministry of Defence 2005 EWCA Civ 811 120 278 | |
European Court of Justice | |
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Fighting Corruption in Public Procurement: A Comparative Analysis of ... Sope Williams-Elegbe Ierobežota priekšskatīšana - 2012 |
Fighting Corruption in Public Procurement: A Comparative Analysis of ... Sope Williams-Elegbe Priekšskatījums nav pieejams - 2012 |
Fighting Corruption in Public Procurement: A Comparative Analysis of ... Sope Williams-Elegbe Priekšskatījums nav pieejams - 2012 |
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