Calificarea contractelor cu titlu oneros încheiate de entităţile publice
Classification of onerous contracts, concluded by public entities

Summary/Abstract: The relatively low reception of European law in the regulatory frameworks of „classic” contracts covered by the Civil Code and the Administrative Code which can be concluded by legal persons governed by public law and by public undertakings has the effect of using in practice these contracts in a manner that often ignores European rules. The evaluation of those contracts for consideration in the light of the analysis of their economic effects, in accordance with the rules imposed by European law, is ignored in favour of a classification which takes into account the most visible aspect of the object of the contract, viewed from a strictly legal perspective. Under European law, the contract may be classified either as a public contract (whereby a public entity acquires goods, works or services for consideration) or as a contract whereby a public entity constitutes rights in respect of limited resources, in both cases becoming applicable the principles and rules specific to free competition derived from the Treaty on the Functioning of the European Union.

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