ASPECTS CONCERNING THE LEGAL NATURE OF THE PUBLIC PROCUREMENT CONTRACT IN ROMANIA
ASPECTS CONCERNING THE LEGAL NATURE OF THE PUBLIC PROCUREMENT CONTRACT IN ROMANIA
Author(s): Daniela CîmpeanSubject(s): Law, Constitution, Jurisprudence, Commercial Law, Administrative Law
Published by: C.H. Beck Publishing House - Romania
Keywords: public procurement; public contract; administrative contract; administrative jurisdiction; Directive 24/2014;
Summary/Abstract: The concept of “public contract” represents the starting point in assessing the scope of application of the public procurement regime. Being in the presence of a legal definition of the public contract, set by EU regulation, the Romanian legislator has just translated the definition from the Directive and added one aspect, its assimilation to the administrative act. This article aims to analyze the impact of the legal nature of the public procurement contract under Romanian legislation bearing the supremacy of the European Union law. The main conclusion is that a public procurement contract must respect the European legal framework irrespective of the legal regime (public or private) that governs its terms according to the national legislation.
Journal: Studii Juridice şi Administrative
- Issue Year: 26/2022
- Issue No: 1
- Page Range: 42-62
- Page Count: 21
- Language: English