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

AuthorVasilica Negrut
PositionProfessor, PhD, Faculty of Law, Danubius University of Galati, Romania
Pages39-47
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

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT