Public awards. Aspects regarding the conflict of interest and unfair competition. Fraudulent awardance of economical advantages in the form of state aid by public institutions Cover Image
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Achiziţii publice. Aspecte care privesc conflictul de interese şi concurenţa neloială. Acordarea în mod ilegal de către instituţiile publice a unor avantaje economice de natura ajutorului de stat
Public awards. Aspects regarding the conflict of interest and unfair competition. Fraudulent awardance of economical advantages in the form of state aid by public institutions

Author(s): Mihai Dogaru
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: unfair competition; conflict of interest; award procedure; preliminary ruling; inaction; institution; undertaking

Summary/Abstract: The upholding of the laws of commercial competition by the contracting authority and the parties involved in the procedure, is a fundamental principle in the field of public awards. Apart from these entities, the laws of commercial competition must also be upheld by state institutions designated with public administration and also state institutions that handle criminal investigations, such as: The Ministry of Finance, The Public Ministry, The National Integrity Agency, etc. National law allows such institutions to break the laws of commercial competition (either by directly or indirectly), by not holding them accountable, through any form of trial, for the resulted damage. In this context, National law but be avoided, to ensure a guaranteed constitutional right to justice.

  • Issue Year: 2018
  • Issue No: 07
  • Page Range: 397-402
  • Page Count: 6
  • Language: Romanian