5 acţiuni/inacţiuni ale autorităţilor contractante ce duc la întârzierea atribuirii contractelor de achiziţie publică
5 actions/inactions that lead to the delaying of the awarding of public procurement contracts

Summary/Abstract: Since the emergence in 2006 of a public procurement legislation harmonized with EU regulations and until the present time, the Romanian public authorities have had to face various delays in the awarding of public procurement contracts, including those contracts directly related to EU-funded projects. With the fast approaching of the end of the 2007-2013 programming period, the governmental decision makers have realized the necessity to increase the absorption of EU funds, identifying in this regard the need to accelerate public procurement procedures, especially those with direct impact on the spending of EU funds. Although this idea is more than pertinent, the governmental decision makers focused solely on the so-called bad faith of the economic operators that filed complaints in such procedures, which automatically led to delays in the awarding of public procurement contracts, regardless of their source of funding, thus finding as an unique solution the sanctioning of economic operators by introducing the guarantee of good conduct. This paper addresses the issue of the delay of the public procurement contracts awarding process from the perspective of the guilt of the contracting authorities, which was not taken into account by the Romanian governmental decision makers, identifying in this respect, with the aid of the jurisprudence of the National Council for Solving Complaints, a number of situations wherein the contracting authorities acted inappropriately or failed to act at all.

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