Quality and Interest to Address the Romanian National Council for the Settlement of Complaints in the Field of Public Procurement in Judicial Practice
Quality and Interest to Address the Romanian National Council for the Settlement of Complaints in the Field of Public Procurement in Judicial Practice

Author(s): Anamaria Groza
Subject(s): Civil Law, Sociology of Law, Court case
Published by: ADJURIS – International Academic Publisher
Keywords: public procurement; judicial remedies; harmed person; contracting authority; quality to contest; interest to contest;
Summary/Abstract: Any person who considers to be harmed in its rights or legitimate interests through an act of a contracting authority or through an unsolved demand in the legal term can ask the annulment of the act, the coercion of the contracting authority to emit an act or to adopt a remedy measure, to acknowledge the pretended right or the legitimate interest through administrative-judicial review or through judicial review, according to Law no. 101/2016. The person considered affected is any economic operator which fulfils in the same time the next conditions: "has or had an interest in relation to a procurement procedure" and "suffered, suffers or risk suffering a prejudice as a consequence of an act delivered by the contracting authority, able to generate judicial effects or as a consequence of an unsolved demand in the legal term concerning a procurement procedure". The aim of the article is to underline the fact that it is not necessary for the economic agent to have submitted an offer in the procedure; in order to justify its quality and interest to contest acts or operations of the contracting authority pretended to be harmful.

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