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

See all articles by Dacian C. Dragos

Dacian C. Dragos

Babes-Bolyai University

Bogdana Neamtu

Babes-Bolyai University

Veliscu Raluca

Babes-Bolyai University

Date Written: August 27, 2010

Abstract

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

Suggested Citation

Dragos, Dacian C. and Neamtu, Bogdana and Raluca, Veliscu, Secondary Considerations in Public Procurement in Romania (August 27, 2010). R. Caranta, M. Trybus (eds), The Law of Green and Social Public Procurement in Europe, DJOEF Publishing, Copenhagen, 2010., Available at SSRN: https://ssrn.com/abstract=2487987

Dacian C. Dragos (Contact Author)

Babes-Bolyai University ( email )

71 T. Mosoiu str.
Cluj NApoca, Cluj 400132
Romania
0040264431361 (Phone)
0040264431361 (Fax)

HOME PAGE: http://www.apubb.ro

Bogdana Neamtu

Babes-Bolyai University ( email )

58-60 Teodor Maniu street, Cluj-Napoca
67 Iuliu Maniu street, Sighetu Marmatiei
RO-3400 Cluj-Napoca, Cluj 435500
Romania

Veliscu Raluca

Babes-Bolyai University ( email )

Cluj Napoca
Romania

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
25
Abstract Views
266
PlumX Metrics