Benchmarks regarding the importance of applying the general principles governing public procurement Cover Image

Repere privind importanța aplicării principiilor generale care guvernează achizițiile publice
Benchmarks regarding the importance of applying the general principles governing public procurement

Author(s): Alina Codreanu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: principles; approaches to public procurement; access to legal remedies; contracting authority; harmonization of legislation; european aquis;

Summary/Abstract: At national level, the development of the concept of public procurement involves a transparent path, based on the achievement of specific principles, objectives, methods and procedures. In this respect, the European directives applicable to public procurement involve certain principles absolutely necessary to be followed when performing public procurement contracts themselves. Therefore, we mention the role and importance of the correct application of principles such as: non-discrimination, equal treatment, proportionality, mutual recognition, the principle of transparency, the principle of avoiding unfair competition, accountability, impartiality, confidentiality. The aim of the study is to identify the importance and relevance of these principles governing public procurement from the first to the last stage of their implementation. Therefore, the general consequences of violation of the above-mentioned principles, irregularities, but also fraud in public procurement are conclusive. At the same time, we cannot fail to mention that these principles determine the approaches of public procurement, namely: administrative, managerial, legal, economic, systemic and, of course, ecological.

  • Issue Year: 1/2023
  • Issue No: 18
  • Page Range: 161-172
  • Page Count: 12
  • Language: English, Romanian