Reducerea obiectului contractelor publice pe durata executării lor
Reduction of the scope of public contracts during their implementation

Summary/Abstract: A distinctive feature of the legal framework governing public contracts, designed to prevent distortions of free competition in the internal market during the performance of public contracts, concerns the conditions under which public contracts may be modified during their implementation. Based on the case law of the Court of Justice of the European Union (CJEU), the directives regarding public contracts and the national transposing legislation provide the criteria for identifying several scenarios in which the modification of a public contract during its implementation is permitted. The scenario involving a reduction in the scope of public contracts is not one of those expressly regulated. Therefore, in this article, the author analyzes the reduction in the scope of public contracts in contrast with the scenarios of public contract modification that are expressly regulated, with the aim of identifying the criteria according to which a reduction in the scope of public contracts is permitted during their implementation without a new award procedure.

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