Some considerations on the legal qualification of the contracting authority

Author:Ioana Panagoret - Ivan Vasile Ivanoff
Position:Valahia University of Targoviste - Valahia University of Targoviste

The present study makes an analysis of the concept of contracting authority in the context in which the legal definition of this concept leads, in several specific cases, to doubts and the impossibility of correct application of the law when one puts into discussion the local authorities and some legal persons of public law who have a well -defined legal status. Both situations create real... (see full summary)

Some considerations on the legal qualification of the contracting
Associate professor Ioana PANAGOREȚ
Lecturer Ivan Vasile IVANOFF
Abstrac t
The present study makes an analysis of the con cept of contrac ting auth ority in the
conte xt in whic h th e lega l defin ition of thi s conc ept l eads, in several specific cases, to
doub ts and the impossi bility of correct app lication of the law when one puts into di scussion
the local a uthorities and some legal p ersons of p ublic la w who ha ve a well-d efined l egal
status. Bot h situation s cre ate real difficult ies in pract ice by the correct appli cation of
publ ic procuremen t law so th at it may cha llenge these parts of suc h public contra cts even if
they are of good faith an d desire the fair enforcemen t of law.
Keywords: cont racting authoriti es, procurement , local authoriti es, legal persons
of pub lic law.
JEL Cla ssification: K12, K23
1. Preliminary considerations
The emergence of Law No. 98/2016
and GD 395/2016
besides regulating
public procurement in Romania
, brings many legal definitions of certain terms in
practice, some of which may induce some confusion.
This article w as submitt ed to 6th International Conference “Perspectives of Business Law in the
Third M illennium”, 25 -26 November 2016, t he Bucharest University of Economic Studies,
Bucharest, Romania.
Ioana Panagoreț - Valahia University of Targoviste,
Ivan Vasile Ivanoff - Valahia U niversity of Targoviste,
Law no. 98/2016 on public p rocurement, published in the Official Gazett e, Part I no. 390 of 23
May 2016 as amended.
Government Decision no. 395/2016 approving t he M ethodological Norms for the app lication of
provisions concerning t he award of p ublic procurement contract / framework agreement of Law.
98/2016 on public procurement, published in the Official Gazett e, Part I no. 423 of June 6, 2016.
On regulation of p ublic p rocurement by Law no. 98/2016 see Căt ălin-Silviu Săraru, Drept
administrativ. Probleme fundamentale ale dreptului public, Ed. C. H. Beck, Bucharest, 2016, p.
160-165. The public procurement cont ract is an administrative contract - see this Cătălin-Silviu
Săraru, Cartea de Contracte administrative. Modele. Comentarii. Explicații, Ed. C.H. Beck,
Bucharest, 2013, p . 157-205. For the characteristics of t he administrative contracts, see Căt ălin-
Silviu Săraru, Capacitatea autorităților/instituțiilor publice de a încheia contracte administrative,
in „Dreptul” nr. 1/2010, p . 111-114; Cătălin-Silviu Săraru, Contractele administrative.
Reglementare. Doctrină. Jurisprudență, Ed. C.H. Beck, Bucharest, 2009, p. 22-46.

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