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

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.