Public Procurement Outside EU Directives in Romania: Is Voluntary Compliance Leading to Effectiveness?

Dacian C. Dragos, Roberto Caranta (eds) OUTSIDE THE EU PROCUREMENT DIRECTIVES, INSIDE THE TREATY? DJOEF Copenhagen, 2012

39 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, 2012

Abstract

The development of the PP legal regime in Romania has started in 2006, with the adoption of EGO no. 34/2006 on the awarding of public procurement contracts and on concessions of public works and services, which brought, under the umbrella of a single framework, various dimensions of public procurement, regulated until then by a number of disparate pieces of legislation (electronic procurement, Utilities, military contracts, etc.). Between 1989 and 2006, several subsequent public procurement laws had been enacted – in 1993, in 1999, and in 2001, each of them followed by a host of governmental decisions complementing the framework law. For example, the 1993 law was followed by separate governmental decisions regulating transparency and publicity rules, conditions for granting the internal preference in public procurement, the quantification of contract value, etc. The paper examines the context and the applicable rules to public procurement contracts below the EU thresholds and List B services in Romania. Since the legal regime applicable to below thresholds contracts is relatively similar, the paper assesses the implications of this extension of EU rules to almost all PP contracts, irrespective of thresholds, from a legal and policy standpoint. The paper is based on the analysis of legal regulations, relevant national case law as well as interviews conducted with representatives of the National Authority for Regulating and Monitoring Public Procurement (hereafter NARMPP), the National Council for Solving Legal Disputes (first instance review body in PP matters, hereafter the Council), and contracting authorities.

Keywords: public procurement, European Union, Romania, Below thresholds, legal regime, Public procurement Directives

Suggested Citation

Dragos, Dacian C. and Neamtu, Bogdana and Raluca, Veliscu, Public Procurement Outside EU Directives in Romania: Is Voluntary Compliance Leading to Effectiveness? (August 27, 2012). Dacian C. Dragos, Roberto Caranta (eds) OUTSIDE THE EU PROCUREMENT DIRECTIVES, INSIDE THE TREATY? DJOEF Copenhagen, 2012, Available at SSRN: https://ssrn.com/abstract=2488002

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

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