Considerații privitoare la aplicarea principiului liberei concurențe în materia contractelor administrative din perspectiva dreptului comunitar și a d
Considerations regarding the implementation of the free competition principle in the matter of administrative contracts from the community law of the

Summary/Abstract: Our analysis, marked by a comparative approach of the Community rules and the domestic law rules in the matter of protection of free competition of participants in the procedure for the award of administrative contracts, based upon doctrine reviews in the French legal literature and the case law of the Court of Justice of the European Communities, is trying to emphasize the fact that the Romanian law also requires a new approach of the administrative contracts from the perspective of protection of free competition of participants in the procedure for the award of such contracts, which should represent the foundation of a conception in the matter of administrative contracts, as well as the entry of this type of contracts into the era of modernism. Such a scientific approach, which represented an important landmark in our study, comes from a judicious study in the French legal literature2) which, starting from the finding that, although at first sight the dynamism of coordinating the domestic legislation leaves the impression that the Community notion of public service was encroaching upon the notion of administrative contract, favoring the trends towards the private law legal system of public contract, which were already dominant both in the Member States and in a large part of the doctrine, the Community law, which does not ignore the distinction between public contracts and private law contracts, adopts an organic and formal proposition of public services in which the contractual activity of the contract winning authority is essentially differentiated from the economic activity of natural persons. Starting from these considerations coming from the French legal literature and the Community law, we can also find the fact that, in our domestic law as well, by harmonizing the domestic and the Community legislation, the protection of free competition in the matter of administrative contracts, as in fact in all the legal relationships, has acquired constitutional significances by means of the provisions of art. 135, paragraph 1 and paragraph 2 of the Constitution of Romania and, based upon these constitutional provisions, special laws have been adopted, which ensure a real and effective protection of free competition in the matter of administrative contracts.

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