Passing through the caudine forks of public procurement with mandatory support from The Supreme Court Cover Image

Trecerea prin furcile caudine ale achizițiilor publice cu susținere obligatorie din partea ICCJ
Passing through the caudine forks of public procurement with mandatory support from The Supreme Court

Author(s): Gabriela Dănilă, Olguța Lazăr
Subject(s): Law, Constitution, Jurisprudence, Commercial Law, Administrative Law
Published by: Editura Solomon
Keywords: referral on questions of law; public procurement: authority ascertaining document; procedural; legal; mandatory and relative term;

Summary/Abstract: The present material follows the path that led to rendering the Decision no 45/2022 by the Supreme Court Of Justice in the referral on questions of law regarding a public procurement issue. The Supreme Court solves a matter of relative practical novelty, but the solution given regarding the legal issue leaves room for the arbitrariness of the public authority and may led to some problematic litigious situations for the courts in Romania.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 20-27
  • Page Count: 8
  • Language: Romanian