Selbstreinigung

English translation: \"self-cleaning\"

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Selbstreinigung
English translation:\"self-cleaning\"
Entered by: transjura (X)

13:40 Feb 14, 2012
German to English translations [PRO]
Law/Patents - Law (general) / Vergaberecht
German term or phrase: Selbstreinigung
Da mein konkretes Beispiel nicht als solches taugt, hier ein Satz mit etwas mehr Kontext:

"Eine kartellrechtswidrige BIEGE oder ARGE kann in Vergabeverfahren zu einem
Ausschluss des Angebots oder einem Ausscheiden der BIEGE oder ARGE als
solche führen, sofern die Mitglieder keine selbstreinigenden Maßnahmen, also
Maßnahmen, die geeignet sind, das nochmalige Setzen der betreffenden
Zuwiderhandlung auszuschließen, getroffen haben."


Bei der (vergaberechtlichen) Selbstreinigung handelt es sich um ein Instrument, das es vormals korrputionsbehafteten/kartellrechtswidrigen Unternehmen ermöglicht, sich durch umfassendes Aufarbeiten der Korruptions-/Kartellfälle und Einführung eines Kontrollsystems wieder für die Vergabe von - meist öffentlichen - Aufträgen zu qualifizieren.

Vielen Dank für Euren Input!

Carola
transjura (X)
Local time: 16:10
"self-cleaning"
Explanation:
I'd use quotation marks.

See Teresa Medina Arnaiz, “The Exclusion of Tenderers in public procurement as an anti-corruption mean”; Sue Arrowsmith, Hans-Joachim Prie and Pascal Friton, “Self-cleaning as a Defence to Exclusions for Misconduct: an Emerging Concept in EC Public Procurement Law?” (2009) Public Procurement Law Review, 18 Issue 6, pp 484 et seq.

http://hawleyfeinstein.files.wordpress.com/2010/02/debarment...
Lawyers welcomed the green paper’s calls for clarification on the scope, application and extent of the exclusion of bidders for contracts on the grounds of corruption, and noted that the possibility of so-called “self-cleaning” measures being incorporated into the EU to help companies remedy their negative situation could give rise to “greater demand” for compliance and governance advice. Lawyers in the UK are already expecting an increase in compliance advice after the introduction of the Bribery Act earlier this year, under which companies without adequate anti-bribery procedures in place can become subject to unlimited fines, confiscation of property and disqualification of directors, as well as debarment from bidding for public procurement contracts.
http://www.whoswholegal.com/news/analysis/article/29135/rese...


self-cleaning
http://www.nottingham.ac.uk/pprg/documentsarchive/asialinkma...


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Note added at 22 mins (2012-02-14 14:02:46 GMT)
--------------------------------------------------

An important issue on which the current EU public procurement Directives remain silent is what are referred to as the "self-cleaning" measures, i.e. measures taken by the interested economic operator to remedy a negative situation affecting his/her eligibility. Their effectiveness depends on their acceptance by Member States. The issue of "self-cleaning measures" stems from the need to strike a balance between the implementation of the grounds for exclusion and respect for proportionality and equality of treatment. The consideration of self-cleaning measures may help contracting authorities in carrying out an objective and fuller assessment of the individual situation of the candidate or tenderer in order to decide its exclusion from a procurement procedure.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:20...
Selected response from:

Kim Metzger
Mexico
Local time: 08:10
Grading comment
Thank you Kim!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1"self-cleaning"
Kim Metzger
4 +1self-correcting
Gabriella Bertelmann


  

Answers


18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
"self-cleaning"


Explanation:
I'd use quotation marks.

See Teresa Medina Arnaiz, “The Exclusion of Tenderers in public procurement as an anti-corruption mean”; Sue Arrowsmith, Hans-Joachim Prie and Pascal Friton, “Self-cleaning as a Defence to Exclusions for Misconduct: an Emerging Concept in EC Public Procurement Law?” (2009) Public Procurement Law Review, 18 Issue 6, pp 484 et seq.

http://hawleyfeinstein.files.wordpress.com/2010/02/debarment...
Lawyers welcomed the green paper’s calls for clarification on the scope, application and extent of the exclusion of bidders for contracts on the grounds of corruption, and noted that the possibility of so-called “self-cleaning” measures being incorporated into the EU to help companies remedy their negative situation could give rise to “greater demand” for compliance and governance advice. Lawyers in the UK are already expecting an increase in compliance advice after the introduction of the Bribery Act earlier this year, under which companies without adequate anti-bribery procedures in place can become subject to unlimited fines, confiscation of property and disqualification of directors, as well as debarment from bidding for public procurement contracts.
http://www.whoswholegal.com/news/analysis/article/29135/rese...


self-cleaning
http://www.nottingham.ac.uk/pprg/documentsarchive/asialinkma...


--------------------------------------------------
Note added at 22 mins (2012-02-14 14:02:46 GMT)
--------------------------------------------------

An important issue on which the current EU public procurement Directives remain silent is what are referred to as the "self-cleaning" measures, i.e. measures taken by the interested economic operator to remedy a negative situation affecting his/her eligibility. Their effectiveness depends on their acceptance by Member States. The issue of "self-cleaning measures" stems from the need to strike a balance between the implementation of the grounds for exclusion and respect for proportionality and equality of treatment. The consideration of self-cleaning measures may help contracting authorities in carrying out an objective and fuller assessment of the individual situation of the candidate or tenderer in order to decide its exclusion from a procurement procedure.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:20...


Kim Metzger
Mexico
Local time: 08:10
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1244
Grading comment
Thank you Kim!
Notes to answerer
Asker: Thank you so much. I will wait a little longer with a grading comment, but for the time being, I'm perfectly happy with your solution.


Peer comments on this answer (and responses from the answerer)
agree  philgoddard: Well researched.
3 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
self-correcting


Explanation:
sugg: "self correcting" as an appropriate term in context

Gabriella Bertelmann
Local time: 16:10
Works in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 38
Notes to answerer
Asker: Thank you very much, a really good suggestion which I haven't thought of yet. But as it often occurs in the context of "selbstregulierend", I rather go with Kim's answer, although "self-cleaning" is indeed odd, but so is the German word.


Peer comments on this answer (and responses from the answerer)
agree  Harald Moelzer (medical-translator): " California companies have had fines waived due to voluntary reporting of violations as well as self-correcting those violations..." http://voices.yahoo.com/epa-waives-violation-fines-californi...
15 hrs
Login to enter a peer comment (or grade)



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