Considerations Relating to the Jurisdiction of the Arbitration Litigation on Solving Public Acquisition Contracts
Considerations Relating to the Jurisdiction of the Arbitration Litigation on Solving Public Acquisition Contracts

Author(s): Gina-Livioara Goga
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: public procurement; principle of predictability; litigation
Summary/Abstract: The current legislation on public procurement, namely Government Emergency Ordinance no.34/2006 on the public procurement contracts, public works concession contracts and service concession,currently governs the arbitration institution, having the possibility of settling any disputes regarding the execution of contracts. We consider that the contested provisions infringe the principle of predictability, as they are not clear because of the regulation of the two articles, and thus the analysis of the entire chapter entitled “Solving complaints” (Chapter IX of the G.E.O. 34/2006) in conjunction with the title order or with the purpose and principles of the adoption of G.E.O. 34/2006, it appears that it refers only to the procedure for settling disputes arising in attributing public procurement contracts, concession contracts for public works service concession contracts.

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