Fight Against Crime

Fight Against Crime in Europe

Eu-wide Effect of Disqualifications: Balancing Free Movement and the Fight Against Crime

Wendy De Bondt, from the Institute for International Research on Criminal Policy, made a contribution to the 2012 Annual Conference of the European Society of Criminology, in the category “Criminal Justice and Human Rights,” under the title “Eu-wide Effect of Disqualifications: Balancing Free Movement and the Fight Against Crime”. Here is the abstract: Disqualifications lead to loss of a right, incapacity or access limitation to certain jobs. Different types feature in the national legal systems. They appear both in criminal law as well as in other branches of law. In this contribution a case study is developed around the exclusion grounds in a public procurement context (i.e. the provisions rendering candidates with convictions ineligible to participate in a tender procedure), looking into the EU-wide effect of disqualifications. The growing mobility of people and increased likelihood to be confronted with a candidate with a foreign conviction gives way for significant legal and policy complexities: Can a person be excluded for having been convicted abroad for behaviour that is not considered to be an offence in the contracting member state, or will not have a disqualifying effect in het contracting member state in contrast to the disqualifying effect that it had in the convicting member state? Is general exclusion an obstacle to and thus in violation with the EU free movement or can it be duely motivated referring to the need to protect national security and ensure an effective fight against crime? Doctoral research underpinned that balancing free movement and the fight against crime is challenging.

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Further Reading

  • “Eu-wide Effect of Disqualifications: Balancing Free Movement and the Fight Against Crime”, by Wendy De Bondt (Proceedings)

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