Compatibilitatea dintre legislația din anii 2021 2023 care a permis modificarea prețurilor contractelor de achiziții publice în derulare și imperativele dreptului european și național
The compatibility between the legislation of the years 2021 2023 that allowed the modification of the prices of ongoing public procurement contracts and the imperatives of European and national law
Author(s): Teodor-Radu IancuSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Law on Economics
Published by: C.H. Beck Publishing House - Romania
Keywords: price update; ongoing contracts; public procurement; Directive 24/2014; inflation; state aid; review clause;
Summary/Abstract: In the context of the overlapping crises from 2021 2023 and their effects, especially when it comes to inflation, the Government of Romania has adopted in this period a set of ordinances and emergency ordinances by which it modified, directly through the effect of the law, the prices of the ongoing public procurement contracts, even if they did not have a review clause provided for in the award documentation. The present study aimed to determine to what extent this legislative agenda respected the general principles of law, the provisions of the Romanian Constitution and Directive 24/2014, to draw a parallel with the general theory of unpredictability, to analyse the economic context that generated the adoption of these legislative measures and to expose a number of potential sensitivities of this legal approach.
Journal: Analele Universității București – Seria Drept (AUB)
- Issue Year: 2023
- Issue No: 1
- Page Range: 161-187
- Page Count: 27
- Language: Romanian
- Content File-PDF
