The Good Conduct Guarantee' and other Measures Comprised in GEO no. 51/2014 Amending and Supplementing GEO no. 34/2006

• Author: Angelica Rosu
• Position: Associate Professor, PhD, 'Danubius' University of Galati, Romania
• Pages: 31-43

JURIDICA

31

“The Good Conduct Guarantee” and other

Measures Comprised in GEO no. 51/2014

Amending and Supplementing GEO no.

34/2006

Angelica ROŞU

1

Abstract: In this study we aimed to analyze the consequences of the introduction by Ordinance No.

51/2014 for amending and supplementing GEO No. 34/2006 concerning the procurement of a new

procedural institution, namely the guarantee of good conduct guarantee during the judicial-

administrative proceedings and judicial proceedings. In our opinion, however, the n ew measures

introduced by the Act enunciated are able to generate, in equal measure, violating constitutional

provisions of EU law, as well as the conventional duty rates (i.e. the norms enshrining the free

administrative courts, the right of access to an impartial court, the right to effective remedy

discrimination). In addition, we cannot equalize a solution to r eject the appeal / complaint and the

conclusion that the contractor / economic operator involved in the procedure is due an amount to the

authority for its bad faith, the bad faith is not retrievable only in t he solution of appeal / lawsuit, as

long as through a different interpretation of the same text of the law, the courts s olutions give rise to

an uneven practice, becoming necessary to demonstrate the proof of bad faith or even serious

misconduct in the exercise of procedural rights.

Keywords: good conduct guarantee; effective remedies; i nadmissibility; pr oof of interest; public

procurement

1. Introduction

30 June 2014 entered into force GEO no. 51/2014 amending and supplementing

Government Emergency Ordinance no. 34/2006 on public procurement.

2

This

legislative act could not go unnoticed among theoreticians of law (as it includes an

new procedural institution, namely to ensure fulfillment of good conduct

obligations during a judicial administrative and judicial procedure), but especially

among legal practitioners and especially within business environment, as the

1

Associate Professor, PhD, “Danubius” University of Galati, Romania. Address: 3 Galati Boulevard,

800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290. Corresponding author:

rosuangelica@univ-danubius.ro.

2

This legal act was published in the Official Journal of Romania, no. 486 of June 30, 2014.

AUDJ, vol. 10, no. 2/2014, pp. 31-43