Public procurement in the light of the new legislative changes

Author:Elena Emilia ?tefan
Position:Lecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: stefanelena@gmail.com).
Pages:77-84
SUMMARY

The package of laws on public procurement and concessions of Romania which entered into force in May 2016 came with many new elements. Therefore, in this study, we aim to present the new conception of the lawmaker towards this subject. Not least, we will analyze the role of the National Council for Solving Complaints in the procedure for the award of public procurement agreements and other... (see full summary)

 
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LESIJ NO. XXIV, VOL. 2/2017
PUBLIC PROCUREMENT IN THE LIGHT OF THE NEW
LEGISLATIVE CHANGES
Elena Emilia ȘTEFAN*
Abstract
The package of laws on public procurement and concessio ns of Romania which entered into
force in May 2016 came with many new elements. Therefore, in this study, we aim to present the new
conception of the lawmaker towards th is subject. Not least, we will analyze the role of the National
Council for Solving Complaints in the procedure for the award of public procurement agreements and
other elements in what concerns the complaints in the field of public procurement.
Keywords: National Council for Solving Complaints, public procurement, remedies, law,
aggrieved party.
1. Introduction
In May 2016 a new package of laws on
public procurement and concessions was
published in the Official Journal of
Romania, as follows: Law no. 98/2016 on
public procurement
1
; Law no. 99/2016 on
sectorial procurement
2
; Law no. 100/2016
on the concessions of works and services
3
;
Law no. 10 1/2016 on remedies and ap peals
concerning the award of public procurement
agreements, sectorial agreements and of
works concession agreements and service
concession agreements, and for the
* Lecturer, PhD, Faculty of Law, "Nicolae Titulescu" University of Bucharest (e-mail: stefanelena@gmail.com).
1
Law no. 98/2016 on public procurement, published in the Official Journal no. 390/2016.
2
Law no. 99/2016 on sectorial procurement, published in the Official Journal no. 391/2016.
3
Law no. 100/2016 on the concession of works and services, published in the Official Journal no. 392/2016.
4
Law no. 101/2016 on remedies and appeals concerning the award of public procurement agreements, sectoral
agreements and of works concession agreements and service concession agreements, and for the organization and
functioning of the National Council for Solving Complaints, published in the Official Journal no. 393/2016.
5
Government Emergency Ordinance no. 34/2006 on the award of public procurement agreements, public works
concession agreements and service concession agreements, published in the Official Journal no. 418/2006-
(currently repealed).
6
Elena Anghel, The importance of principles in the present context of law recodifying, in proceeding CKS e-
Book 2015, p. 753-762
organization and functioning of the National
Council for Solving Complaints
4
.
Following the adoption of this package
of la ws in the field of public procurement,
Government Emergency Ordinance no.
34/2006 on the award of public procurement
agreements, public works concession
agreements and service concession
agreements was repealed
5
. Currently, there
is not a case law established based on these
legislative change s yet. In the current
historical context in which the humanity
escalates a new stage of civilization, thus
embracing the „unity in diversity”, the role
of the general principles of law, a legal
expression of the fundamental relations o f
the society, is amplified
6
.

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