32026L1021#rec_26Directive (EU) 2026/1021 of the European Parliament and of the Council

Recital (26)

In order to enhance the criminal justice response to offences concerning corruption and to deter the commission of those offences, the penalties regime against legal persons and natural persons should be clarified and brought into line with other Union criminal law instruments. Under Directives 2009/81/EC, 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council, a conviction, by way of final judgment, for corruption is grounds for an exclusion from participating in a procurement procedure or a concession award procedure. Nevertheless, Member States should also be able to decide to include, among the criminal or non-criminal penalties or measures which can be imposed on legal persons and natural persons, the exclusion of such legal persons from tender procedures or concessions, in order to also cover procurement procedures and concession award procedures below the thresholds of the relevant directives.

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