Particularities of the Public Procurement Contentious

Author:Vasilica Negrut
Position:Professor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati, Romania

The paper with the above mentioned title approaches an issue current not only for juridical research, but also for practical activities. This study resumes an issue approached by other authors as well, but highlighting some particulars of the contentious business of public acquisitions using analysis, observation and case study... (see full summary)

European Integration -
Realities a
Particularities o
: The paper with the abo
research, but also for practical activit
highlighting some par
ticulars of the
and case study. Thus, based on the
34/2006, I have performed a brief an
legality of a procedure of awarding t
clarifying the aspects relat ed to the l
contracts used by the contracting a
contracts concluded following the aw
contract; public procurem
General Aspects
As mentioned in the literature (Sarar
in which it is examined, the object o
agreement; from a material point of
it is characterized by its remarkable
The administrative contract, subjec
economy, has known different regu
1990, of some administrative acts
contract and the administrative act,
(contract of concession, public proc
that, although in practice the admin
e, especially the Romanian o
collocation “administrative contract
Union use the term “public contrac
Law of administrative contentious n
the contract of public procurement a
in this cate
has a special role not only from this
a consequence of the breach of prov
competent institutions for the restora
Professor, PhD, Dean of Faculty of Law,
Galati, Romania. Tel.: +40.372.361.102, f
In an opinion, the public procurement c
following considerations; is a wi
llingly agre
onerous character; some of the cla uses of th
cannot be negotiated; the contract is co
litigations deriving from it is held by the adm
es and Perspectives
s of the Public Procurement Contentious
Vasilica Negru
bove mentioned title approaches an issue current not only for
ivities. This study resumes an issue approached by other authors as
the contentious business of public acquisitions using analysis, ob
he regulations prior to coming into force of the Emergency Ordi
analysis of the means availab
le to the individuals who wish to cha
g the public procurement contract. At the same time, in this study
e legal nature of the documents prior to concluding the publi
c pro
author ity and also the legal conditions applicable to public pro
awarding procedure.
rement; jurisdictional
- administrative procedur
e; judicial procedu
raru, 2009, p. 31), the term “
contract is, according to t
ct of two definitions: from a formal point of view it is
of view, it is an act creating individual judicial statute
ble stability
ject of actuality, with implications in the sectors
gulations in time, which led to the necessity for the a
cts which would make the difference between the
ct, as well as between the di
fferent types of administ
rocurement contract, goods lease, service provision et
inistrative contract is present, the current legislation
n one is not unitary. Therefore, if in the occidental
act” is frequently encountered and the regulations of
ract”, in our country the admi
nistrative contract is de
s no. 554/2004 (Sararu, 2009, p.
2). The specific con
t and contract of concession do not fall under the spec
the latter as administrative contracts is made by the do
his point of view but also for the clarification of aspec
rovisions in the specific
legislation, which entails the i
oration of legality.
“Danubius” University of Galati, Romania.
Address: 3 Galati B
ax: +40.372.361.290
Corresponding author: vasilicanegrut@univ
t contract is c omprised in the category of the administra tive c
greement between a public authority and a subject of private or p
f the contract have exorbitant charac ter and are established by a n
cluded following the application of a special procedure; the comp
dministrative contentious instances (Dacian, 2002, pp. 37
for juridical
s as well, but
, observation
rdinance no.
challenge the
dy we aim at
to the perspective
it is a consensual
tute and, as such,
rs of interest i n
e adoption, after
e administrative
istrative contract
etc.). More than
on as well as th e
al legislation the
of the European
defined only the
ontracts, namely
pecial regulations
, which
ects emerging as
e intervention of
i Boulevard, 800654
contracts from the
r public law; has an
a normative act and
mpetence to rule on

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