Remarks Concerning Amendments Brought in 2017 to Romanian Legislation in the Field of Procurement

Curentul Juridic - Juridical Current, 2018, Vol. 72, No. 1, pp. 123-142

20 Pages Posted: 22 May 2018

See all articles by Irina Alexe

Irina Alexe

Legal Research Institute of the Romanian Academy

Daniel Mihail Sandru

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Date Written: January 11, 2018

Abstract

In 2016 Romania transposed in its national legislation the directives contained in the EU legislative package, through which was realized a reform in the field of public procurement at the level of the European Union, whereas in 2017 several tertiary regulations for their enforcement were adopted. Approximately one year and a half following the enforcement of the new norms and procedures, several subsequent problems from their content had been identified, in addition to the problems that arose from their application.

In order to solve these issues, the Romanian Government adopted, in December 2017, three Emergency Ordinances (no. 98/2017, no.104/2017 and no. 107/2017), thus modifying substantially the primary legislation in the field of public procurement, practically rewriting the regulation of the public-private partnership and establishing new rules aiming at the ex-ante control for the award of public procurement contracts/framework agreements, as well as for the award of sectoral contracts and for the award of public works concession contracts and public services concession contracts.

In this study we will try to analyse the modifications, both a topicality and an important subject, emphasizing the deficiencies and finding possible steps forward.

Keywords: Public Procurement, Sectoral Public Procurement, Concession Contracts, Remedies, Appeals Concerning the Award of Public Procurement Contracts, Ex-Ante Control, Public-Private Partnership, Emergency Ordinances, Romania

JEL Classification: K22

Suggested Citation

Alexe, Irina and Sandru, Daniel-Mihail, Remarks Concerning Amendments Brought in 2017 to Romanian Legislation in the Field of Procurement (January 11, 2018). Curentul Juridic - Juridical Current, 2018, Vol. 72, No. 1, pp. 123-142. Available at SSRN: https://ssrn.com/abstract=3175342 or http://dx.doi.org/10.2139/ssrn.3175342

Irina Alexe

Legal Research Institute of the Romanian Academy ( email )

Calea 13 Septembrie no.13, corp B, et. 4, sector 5
Bucharest, 050711
Romania

Daniel-Mihail Sandru (Contact Author)

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania
+ 40726999706 (Phone)
+40213188130 (Fax)

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