Resolution of the appeals formulated in the procedure of awarding the public procurement contracts and the concession contracts for public works or services
Resolution of the appeals formulated in the procedure of awarding the public procurement contracts and the concession contracts for public works or services

Summary/Abstract: The legal regime of contracts for public procurement, concession of public works or concession of services has undergone frequent changes concerning the Government Emergency Ordinance (O.U.G.) no. 34/2006 regarding the award of public procurement contracts, public works and service concession contracts. All these changes represent an expression of the state intervention in order to guarantee, at least partially, the access of all citizens to these services and to ensure control over the procedure for awarding these contracts. Any person who considers that his right or legitimate interest has been harmed by an act of the contracting authority, as a result of the violation of the provisions of the law in the field of public procurement and of the awarding of contracts for public works or services, can request – on judicial or administrative-judicial way – the annulment of the respective act, obliging the contracting authority to issue an act either within or in connection with the awarding procedure, the recognition of the claimed right or the legitimate interest. The party that considers itself injured and chooses to file an administrative-judicial appeal, has the right to address the National Council for Solving Complaints (CNSC). This council is a body endowed with administrative-judicial activity whose purpose is to solve the appeals introduced within and in relation to the procedure of awarding the public procurement contracts, the public works and service concession contracts. An important change introduced by Law no. 278/2010 is that the persons who want to file appeals in the public procurement or concession procedures can no longer choose between the CNSC and the court, but only the CNSC can receive appeals. If an appeal is addressed at the same time to the CNSC and the competent court, it is presumed that the respective person has renounced at the administrative-jurisdictional way, returning the obligation to notify the Council of the application to the competent court.

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