The disqualification triad (IRCP-series, vol. 45)
  • The disqualification triad (IRCP-series, vol. 45)

The disqualification triad (IRCP-series, vol. 45)

  • Maklu

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Auteur(s): G. Vermeulen, W. De Bondt, Ch. Ryckman en N. Persak ISBN: 9789046605219 In the past decades the EU has made little progress with respect to disqualifications as a sanction mechanism. The complex nature of this specific sanction mechanism has caused policy initiatives to be postponed time after time. In answer to a call from the European Commission, the authors have conducted a comparative legal analysis in the EU 27 and looked into the practical experiences with disqualifications from a domestic and a cross-border perspective. To that end, academics, policy makers and practitioners in the member states have been consulted. Analysis reveals a wide variety in the typology of disqualifications as a sanction measure, persons to whom the disqualifications can be imposed and authorities involved. Furthermore, there are considerable differences with respect to the inclusion of disqualifications in the national criminal records databases. Linked thereto, information on foreign disqualifications is scarce and rarely used in practice. To ensure a comprehensive and consistent policy approach, the authors have come up with a so-called disqualification triad, comprising (1) unified EU-wide disqualifications, (2) mutual recognition of disqualifications and (3) EU-wide equivalent effect of disqualifications. The functioning of the disqualification triad was further elaborated in three case studies, being public procurement disqualifications, disqualifications from working with children and driving disqualifications. This book is essential reading for both EU and national policy makers as well as for researchers and practitioners involved. Over de auteur(s):

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