The Administrative-Jurisdictional Procedure for Solving Complaints Filed under the Provisions of the Law on Remedies and Appeals concerning the Award of Public Procurement and Concession Contracts

• Author: Vasilica Negrut
• Position: Professor, PhD, Faculty of Law, Danubius University of Galati, Romania
• Pages: 16-27

ACTA UNIVERSITATIS DANUBIUS Vol. 12, no. 2/2016

16

The Administrative-Jurisdictional

Procedure for Solving Complaints Filed

under the Provisions of the Law on

Remedies and Appeals concerning the

Award of Public Procurement and

Concession Contracts

Vasilica NEGRUT

1

Abstract: In this study, whose overall objective was built on a very topical issue, that of remedies and

appeal procedures concerning the award of public procurement contracts, the sector contracts, works

concession and service concession contracts, we intend to analyze the aspects r elating to prior

notification, period for bringing a complaint by administrative-jurisdictional way, its resolutions,

solutions that the National Council for solving complaints can give the appeal against the decisions of

this structure-organism independent with administrative – jurisdictional activity, so as in a future article

to have as analysis subject the matters that concern the remedies of the judicial system. In the study we

used content analysis and descriptive documentary research of the documents relevant to this matter.

Keywords: public procurement; remedial measures; administrative and judicial procedure; prior

notification; appeal

1. Introduction

After several debates, in May this year it was adopted the legislative package on

public procurement in Romania. From this package it belongs also Law no. 101/2016

101/2016 on remedies and appeals concerning the award of public procurement

contracts, the sector contracts, works concession contracts and service concession,

and for the organization and functioning of the National Council for Solving

Complaints. The law implements two European directives, namely Directive

89/665/EEC of 21 December 1989 on the coordination of laws, regulations and

administrative provisions relating to enforcement proceedings for the appeal against

the award of contracts of public procurement of products and public works, and

1

Professor, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd.,

Galati 800654, Romania, Tel.: +40372361102, Corresponding author: vasilicanegrut@univ-

danubius.ro.

AUDJ, vol. 12, no. 2/2016, pp. 16-27