Particularities of the Public Procurement Contentious

• Author: Vasilica Negrut
• Position: Professor, PhD, Dean of Faculty of Law, 'Danubius' University of Galati, Romania
• Pages: 18-22

European Integration -

Realities a

18

Particularities o

Abstract

: 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

Keywords:

contract; public procurem

1.

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

doctrin

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

gory. The framing of the

has a special role not only from this

a consequence of the breach of prov

competent institutions for the restora

1

Professor, PhD, Dean of Faculty of Law,

Galati, Romania. Tel.: +40.372.361.102, f

ax

2

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

nclu

litigations deriving from it is held by the adm

es and Perspectives

s of the Public Procurement Contentious

Vasilica Negru



1

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

-38).

2013

us

for juridical

s as well, but

, observation

rdinance no.

challenge the

dy we aim at

procurement

procurement

dure

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

doctrine

2

, which

ects emerging as

e intervention of

i Boulevard, 800654

iv

-danubius.ro.

contracts from the

r public law; has an

a normative act and

mpetence to rule on