MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT
MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT

Summary/Abstract: The article aims to show the crucial role of the European Union public procurement Directives and European Court of Justice case law in all the dimensions of the contract clauses in the field of classic sectors. We have addressed the contract clauses through the lens of European Union and Romanian public procurement law. First, we emphasized that the secondary European Union law emanates from the core regimes of the TFEU and pass by the European institutions in a set of detailed procurement Directives which after all must be transpose by the Member States. Second, we followed the relevant Directive’s provisions which limits or allows the contracting authority to choose different public procurement contract clauses. Third, we discussed the crucial contribution of the case law of the European Court of Justice to European Union public procurement law. Even if, the public procurement Directive for the classic sector, does not provide detailed rules for the contracts, it establishes some limits and obligations. We have highlighted these last elements in the article through the lens of the Romanian new laws.

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