Discussions on the limits of the control of the Court of Audit in the matter of public procurement Cover Image
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Discuții privind limitele controlului Curții de Conturi în materia achizițiilor publice
Discussions on the limits of the control of the Court of Audit in the matter of public procurement

Author(s): Anton Trăilescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: Court of Audit; procedure for the award of public procurement contracts; unlawfulness in this matter of the control of the bodies of the Court of Audit; jurisdiction of these bodies to control only

Summary/Abstract: In this study it is examined the legality of the control by the Court of Audit in the matter of public procurement provided that the legislator has conferred the jurisdiction of verifying the procedure for the award of these contracts to other specialized public authorities, and has conferred to the Court of Audit powers of general control on the manner of formation, management and use of the public financial resources. Taking advantage of these control powers with a wide range of coverage, the Court of Audit has extended, unlawfully, through its own regulations, this control over a specialized field, respectively that of the procedure for the award of public procurement contracts, overlapping the control exercised by other administrative authorities and affecting the stability of the legal relations arising from these contracts. That is why it is proposed the legislator’s intervention for the express regulation of the control powers of the Court of Audit in the matter of public procurement, the conditions and limits of this control, in order to avoid the parallelism and the conflict of jurisdiction between this public authority and the other specialized administrative authorities in the field.

  • Issue Year: 2015
  • Issue No: 07
  • Page Range: 87-94
  • Page Count: 8
  • Language: Romanian