CAUŢIUNEA. ANALIZĂ PRIN PRISMA ACHIZIŢIILOR PUBLICE ŞI BAROMETRU AL LIBERULUI ACCES LA JUSTIŢIE
SECURITY (BAIL). ANALYSE FROM THE PUBLIC PROCUREMENT PERSPECTIVE AND BAROMETER OF THE FREE ACCESS TO JUSTICE

Summary/Abstract: Public Procurement is seen as a sensitive subject in Romania and also in Romanian’s legislation from the perspective of the main principles that should guide this procedures. In the present article we try to emphasyze the juridical aproach of the security (bail) and the stamp tax since 2006 until the present, considering the major changes dated June 2018 according Law no. 101/2016, as modified by Emergency Ordinance no. 45/2018. There are also author’s considereations regarding the unconstitutional provisions (art. 611 Law no.101/2016) that obstruct participants to the public procurement (economic operators) from adressing their case to the administrative jurisdictions or national courts due to the high amount of the security imposed. Also, the legal provisions state no case in which the bail can be withhold by the contracting authority or by the court, disregard to the behavior of the claimant.

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