The Legal Procedure for Solving Complaints Filed under the Depositions of Law No. 101/2016

• Author: Vasilica Negrut
• Position: Professor, PhD, Faculty of Law, Danubius University of Galati, Romania
• Pages: 39-47

JURIDICA

39

The Legal Procedure for Solving

Complaints Filed under the

Depositions of Law No. 101/2016

Vasilica NEGRUT

1

Abstract: In the August issue (2016) of the Acta Universitatis Danubius. Juridica journal we have

published the article in which we have analyzed issues related to administrative-jurisdictional

settlement of complaints made in accordance with the Law on remedies an d appeals concerning the

award of public procurement and concession contracts (Law no. 101/2016). Within the current article

we have analyzed some procedure issues regarding solving the requests addressed to the

administrative contentious, in accordance with this law, using logical interpretation, case -study, and

comparative analysis.

Keywords: remedies; legal proceedings; public procurement

1. Introduction

The Law of administrative contentious no. 554/2004 represents the general legal

framework in the field of administrative contentious, but by laws with special

feature can regulate specific procedures, an example is Law no. 101/2016 on

remedies and appeals concerning the award of public procurement and concession

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

and the organization and functioning of the National Council for Solving

Complaints.

In this article we propose the analysis of procedural issues concerning the

processing of applications submitted to the administrative contentious court, in

accordance with art. 2, par. (2) of Law no. 101/2016, which states that “any person

who considers himself harmed in its right or a legitimate interest by an act of a

contracting authority or failure to solve an application within the legal term can

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. 13, no. 1/2017, pp. 39-47