Legal significances and implications of the principles on which the award of the public procurement contract is based in the domestic law and in the comparative law Cover Image
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Semnificaţii juridice şi implicaţii ale principiilor care stau la baza atribuirii contractului de achiziţie publică în dreptul intern şi dreptul comparat
Legal significances and implications of the principles on which the award of the public procurement contract is based in the domestic law and in the comparative law

Author(s): Emilia Lucia Cătană
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Law, EU-Legislation, Comparative Law
Published by: Universul Juridic
Keywords: the award of the public procurement contract; principles; european law; national law; compared law;

Summary/Abstract: In this study we propose to analyze some of the meanings and the implications of the principles underlying the award of the public procurement contract in national law and compared law, in the particular case of France. The study presents the context of European regulations on the matter, represented mainly by the Treaty of the European Union respectively of Directive 2014/24/EU, highlighting the case-law of the Court of Justice of the European Union. The second part of the study analyzes the meanings and legal implications of public procurement contract in national law – Law no. 98/2016 – but also in the case law of national courts and reflected by the doctrine. Part 3 of the study analyses the topics in compared law – the particular case of France, which is distinguished by Ordinance no. 2015-899 of 23 July 2015 relating to public procurement, ratifed by Law no. 2016-1691 of December 2016. In the end, the study highlights the results and conclusions of the author reported to the analysis of the problems dealt with.

  • Issue Year: 2018
  • Issue No: Supliment
  • Page Range: 53-66
  • Page Count: 14
  • Language: Romanian