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The preventive role of the judiciary in protecting the financial interest of the European Union.
A comparative analysis for improved performance
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(D) crimes, committed or attempted, committed for purposes of terrorism, including international affairs,
and the overthrow of the constitutional order, terrorist offences or offences related to terrorist activities;
(E) crimes referred to in Art. 648-bis C.P. (Money laundering), 648-ter C.P. (Use of money, goods and
utilities of illicit origin) and 648-ter C.P. (Confiscation), art. 1 Legislative Decree n. 109/2007 (laundering
of proceeds from criminal activities or financing of terrorism);
(F) exploitation of child labour and other forms of trafficking in human beings as defined by Legislative
Decree no. 24/2014;
(G) any other offences where the ban on contracting with the public administration comes as a subsidiary
penalty.
Among these relevant hypotheses, concerning the safety at work, the case referred to in art. 437 C.P.
'Removal or omission of caution against accidents at work'.
With reference to the second group of offences, art. 80, c. 2, provides that the exclusion from public
tenders occurs in case of limitations, suspensions or prohibitions provided for in art. 67 Legislative Decree
n. 159/2011 for violations of the Antimafia code (e.g. people under special surveillance for mafia
connection, ban on staying in certain place). Moreover, a preventive exclusion exists in case of mafia-
connections, as regulated under Article 84, c. 4 of the same decree.
The third group of grounds for exclusion concerns the breach of tax obligations ("related to the payment
of taxes and duties") or social security benefits.
Under art. 80, c. 5, the fourth macro-group of reasons for exclusion includes serious violations of health
and safety at work.
Specifically, contracting authorities exclude competitors from public competitions when:
a)
the contracting authority can demonstrate by any means appropriate the presence of serious
infringements in relation to health and safety at work, as well as environmental and social
obligations;
b)
the economic operator is in a state of bankruptcy or wind-up;
c)
the contracting authority shall demonstrate by adequate means that the economic operator has
been guilty of serious professional misconduct, able to question its integrity or reliability;
d)
the participation of the economic operator results in a conflict of interests that cannot be solved
otherwise;
e)
the distortion of the competition resulting from the former involvement of economic operators
in the preparation of the procurement procedure cannot be solved by less intrusive measures;
f)
the economic operator was subject to the ban sanction referred to in art. 9, c. 2, lett. C) of
Legislative Decree no. 231 or other sanction involving the prohibition to contract with the public
administration;
g)
the economic operator entered in the computer records kept by the Anticorruption Authority to
make false statements or introduce false documentation with the purpose of issuing a
qualification certificate;
h)
the economic operator has infringed the prohibition of creating trusts;
i)
the economic operator does not have the certification of work for disabled people;
j)
the economic operator who, despite being the victim of the offences provided by art. 317 and
629 of the Criminal Code, has not reported the facts to the judicial authority;