Scurte considerații asupra contractului administrativ și asupra procedurilor de control jurisdicțional în materia achizițiilor publice

• Main Author: Andreea TABACU
• Format: Article
• Language: ron
• Published: Babes-Bolyai University 2009-06-01
• Series: Revista Transilvană de Ştiinţe Administrative
• Subjects: public procurement; administrative contracts; control; jurisdiction; civil procedure code.
• Online Access: https://rtsa.ro/rtsa/index.php/rtsa/article/view/122

<p>The juridical concept of public contract was not generally accepted in the Romanian inter-war and communist doctrine. The needs of integration in the European structures after 1989, determined the domestic legislator to adapt the norms in order to accomplish the fundamental principles of a democratic society. O.U.G. no 34/2006 transposes the European Council’s Directives in the field of the award of public works contracts, public supply contracts and public service contracts, and defines the concept, the filing of the contract and the control proceedings before the National Council and the before the Courts. The fundamental principles of hearing the both sides is provided by the special law in the proceeding before the Council which is a central body, invested by jurisdictional power, which solves the cases filled by the applicant in the administrative procedure. This jurisdictional procedure, flexible and quick, has also shortcomings regarding the participation of the parties from the administrative procedure before the jurisdictional body and the consequences of the court’s decision for the person who awarded the contract. The possible solution is offered by the Law 554/2004 and the New Civil Procedure Code, which has to be adopted this year, and also by the jurisprudence, if the courts exert their active role.</p>