The final and perhaps most major innovation of the 2014 Directive is the inclusion of provision of self-cleaning. The 2004 Directive did not provide a clear legal basis for the recognition of self-cleaning on the part of economic operators (so as to ‘un-exclude’ them from procurement processes). This resulted in significant discussion amongst academics, focusing both on whether and if so, to what extent, self-cleaning was a permitted defense to exclusion.
Kris Wauters, Yseult Marique
(Eu Directive 2014/24 on Public Procurement. A new turn for competition in public markets?, ed. Larcier, 2016, la p. 131)