Secondary Considerations in Public Procurement in Romania
R. Caranta, M. Trybus (eds), The Law of Green and Social Public Procurement in Europe, DJOEF Publishing, Copenhagen, 2010.
28 Pages Posted: 29 Aug 2014
Date Written: August 27, 2010
The paper sketches the institutional and legal framework for public procurements in Romania and its influence on how environmental and social considerations may be taken into account. This situation is discussed in light of the Commission’s initiatives that foster sustainable public procurements and of the 2004/18/EC Directive. It also describes practical instances of applications of secondary considerations by contracting authorities and identifies possible situations in which breaches of both community and national law provisions occur. The paper is structured into three subsequent sections. Section I begins with a brief overview of the Romanian legal framework in public procurements in light of its conformity with community law and principles. It focuses on the stages of the public procurements process where the law allows for secondary considerations to be included. It then discusses the institutional framework and various legal means for solving disputes in public procurements. Section II regards instances of both judicial and non-judicial applications of secondary considerations in the public procurements process. This section analyzes the inclusion of secondary considerations in light of the distinction made in the comparative chapter – it questions which of these environmental or social considerations are truly secondary (not mandated by legislation on public procurements and/or other laws). Section III details policy initiatives in Romania aimed at fostering secondary considerations in public procurements and assesses their initial impact. This section refers mostly to green considerations and not to social ones.
Keywords: public procurement, sustainable public procurement, social considerations, environmental considerations, green procurement, administrative law, EU law, Romania
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