Legal regime of requests for voluntary intervention in public procurement trials

• Author: Adelina Vrâncianu
• Pages: 249-259

Legal regime of requests for voluntary intervention in public

procurement trials

Legal adviser Adelina VRÂNCIANU

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Abstract

The public procurement procedure is a complex procedure that is carried out in

accordance with the provisions of Law no. 98/2016 and Law no. 99/2016 and in accord-

ance with the steps and rules described in the normative acts already mentioned. Because

in the procedure are involved factors with own interests and often contrary, Law no.

101/2016 provided the legal possibility to challenge any act of the contracting author-

ity/entity contrary to the legal provisions. Thus, as injured persons, economic operators

can attack administrative acts and administrative contracts, but, at the same time, they

can intervene in the trials opened by other parties involved. The most commonly used

tools are the requests fo r ancillary and main intervention. The paper aims to treat these

working tools provid ed to the economic opera tors by the civil procedure code from the

perspective of legal provisions and the case law in public procurement.

Keywords: public procurement procedures, requests f or voluntary intervention,

National Council for Solving Complaints, winner, admissibility of request.

JEL Classification: K23

1. Introductory considerations

In general, the legal regime regarding the request for ancillary and main

intervention is regulated by Law no. 134/2010 regarding the Code of Civil Pro-

cedure

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. Thus, in a trial before courts, beside the plaintiff and the defendant, other

persons may also participate through the request for main and ancillary interven-

tion. According to art. 61 Code of Civil Procedure (C. proc. civ.), anyone in-

terested may intervene in the process judged between the original parties. The

request for intervention is main when the intervener claims for himself, in whole

or in part, the right attached to the judgment or a right closely related to it. The

intervention is ancilllary when it supports only the defense of one party.

The paper aims to analyze the legal regime of the requests for interven-

tion in the specific field of public procurement, both in the litigations filed with

the National Council for Solving Complaints or with the competent courts, taking

into account the normative acts in force and the case law existing in the field.

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Adelina Vrâncianu - Ministry of European Funds, Romania, adelina_vrancianu@hotmail.com.

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Published in the Official Gazette no. 247 from 10th of April 2015.