Exercitarea căilor de atac împotriva deciziilor Consiliului Naţional de Soluţionare a Contestaţiilor prin raportare la „garanţia de bună conduită”
Exercise of appeals against the decisions of the National Council for Solving Complaints in relation to the "guarantee of good conduct"

Summary/Abstract: The legal-jurisdictional chain drive in our country has shown a series of controversial 0issues regarding the review procedures against the decisions issued by the National Councils for Solving Complaints, issues that are of common knowledge to the public procurement experts. Despite of these facts, which were subject matter to a series of amendments, brought to the G.E.O no. 34/2006, the aim of this article is not to summarize or resume the inconsistencies that turned to be usual for the Romanian legal system in public procurement field, but our intention is to express our own opinions regarding a particular case in our legal system. The global dimensions of our study will undeniably underlines the inconsistencies brought to the regulations in this field and also negative impact over the practice of public procurement law, especially in the light of the recent amendments bought by the G.E.O. no. 51/2014. Therefore, we can argue that we are in the presence of procedural inconsistency in public procurement area which determines us to draft this review in order to signal these infringements against the letter and spirit of law under democracy. The recent amendments will generate imminent imbalances that will affect the rule of law since the right of economic operator to lodge a complaint against the infringements shall be subject to certain severe restrictions.

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