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

AuthorVasilica Negrut
PositionProfessor, PhD, Faculty of Law, Danubius University of Galati, Romania
Pages16-27
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

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