JURISDICTION OF PUBLIC PROCUREMENT AND NEW AMENDMENTS ON PUBLIC PROCUREMENT IN ROMANIA
JURISDICTION OF PUBLIC PROCUREMENT AND NEW AMENDMENTS ON PUBLIC PROCUREMENT IN ROMANIA

Summary/Abstract: Streamlining activities of public institutions and public authorities and their accountability in terms of spending public funds has determined reform of the legislation on public procurement in România effective 2006, when the Government Emergency Ordinance no 34/2006 regarding award of public procurement contracts, concession contracts for public works and concession contracts for services was adopted. Later, the rigours imposed by the European Directives and the clarifications made by the decisions of the Court of Justice of the European Union have determined România to adopt Law 98/2016 regarding public procurement, Law 99/2016 regarding sectoral procurement and their application rules and Law101/2016 regarding remedies and appeals in relation to award of public procurement contracts, sectoral contracts and concession contracts for works and services as well as organisation and functioning of the National Council for Settlement of Contestations. Given the need to adopt some urgent measures to make the public procurement system better and more flexible, otherwise there may be the risk of reducing the degree of spending the funds earmarked, including European funds, the most serious consequence in this case would be postponement/delay in the implementation of some major investment projects, with social and economic impact at national and local level, the Emergency Ordinance no. 45/2018 for amending and supplementing some normative acts with impact on public procurement sector was adopted on 24 May 2018 and published in the Official Gazette no. 459/04.06.2018.

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