Discuții în legătură cu incertitudinea dreptului de acces la o instanță imparțială al ofertantului declarat câștigător în procedura achiziției publice
Discussions about the uncertainty of the right of access to a fair trial of a tenderer who has won the public procurement procedure

Summary/Abstract: This study was occasioned by the different way the National Council for Solving Complaints and the courts have construed the laws under which the successful tenderer in the public procurement procedure is granted a right of access to a court, often bringing adverse procedural consequences. Although the jurisprudential solutions analyzed were delivered under the old procedural rules, we find that the latest amendments made to both the Government Emergency Ordinance no. 34/2006 and the Code of Civil Procedure were not a remedy for the deficiencies noted, as the ambiguity of the laws stating that the successful tenderer can be party to the administrative jurisdictional procedure, namely party in a complaint to the court, is a source of legal uncertainty.This study was occasioned by the different way the National Council for Solving Complaints and the courts have construed the laws under which the successful tenderer in the public procurement procedure is granted a right of access to a court, often bringing adverse procedural consequences. Although the jurisprudential solutions analyzed were delivered under the old procedural rules, we find that the latest amendments made to both the Government Emergency Ordinance no. 34/2006 and the Code of Civil Procedure were not a remedy for the deficiencies noted, as the ambiguity of the laws stating that the successful tenderer can be party to the administrative jurisdictional procedure, namely party in a complaint to the court, is a source of legal uncertainty.

• Details
• Contents