PPP Research Center


1st volume. The public procurement contract. The legal regime applicable to the award of the contract.

Authors: Monica Amalia Rațiu

Argument: The adoption, in 2014, of the new generation of directives in the domain of public procurement and concessions led to the substantial modification of the related legislation in Romania. E.G.O. no. 34/2006 which regulated, on one hand, the award of public procurement, works and services contracts and, on the other hand, the appeals and reliefs in this domain, was repealed and replaced by several laws: Law no. 98/2016 on public procurement, Law no. 99/2016 on sectoral procurement, Law no. 100/2016 on works and services concessions and Law no. 101/2016 on relief and appeals regarding the award of public procurement contracts, sectoral contracts and works and services concessions contracts, as well as the organization and functioning of the National Council for Solving Complaints. 

The Study Public procuremet law. The public procurement contract. The legal regime applicable to the award of the contract is the first volume, part of a wider research dedicated to public procurement law. This first volume includes the general theory of the public procurement contract and of the award of the contracts, according to the classic Directive 2014/24/EU on public procurement, transposed by Law no. 98/2016.

The structure of the study follows the presentation of the evolution of the public procurement contract and of the award regimes, through the comparative presentation of the present regulations in Directive 2014/24/EU, in relation with Directive 2004/18/EC and of the provisions of Law no. 98/2016 in relation with E.G.O. no. 34/2006.

Given that many of the mechanisms provided by Directive 2014/24/EU, transposed in our legislation, represent codifications of solutions given by the Court of Justice of the European Union, the study presents the relevant case-law, which offers the keys to the interpretation of the concepts analyzed. The aspects in which Law no. 98/2016 strays from the scopes or the express provisions of Directive 2014/24/EU are also underlined in the study.

The present volume is meant both for students who follow the different courses in public procurement law and for practicians, the arguments presented taking into consideration not only the relevant case-law of the Court of Justice of the European Union, but also the doctrine established in important public procurement schools in European Union Member States.