Negative effects of legal instruments of appealing public procurement procedures - abuse of law
Negative effects of legal instruments of appealing public procurement procedures - abuse of law

Author(s): Emilian Ciongaru
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: public procurement; the principles of awarding public contracts; the administrative-jurisdictional procedure; the abuse of law;
Summary/Abstract: In accordance with the provisions of Law no. 98/2016 of 19 May 2016 on public procurement, the principles underlying awarding public procurement contracts and organising solution contests are: non-discrimination; equal treatment; mutual recognition; transparency; proportionality and assuming responsibility. Any person who deems themselves to have had their interests injured may oppose the method by which such contracts were awarded. Consequently, this being the case, the procedure is not completed and it shall enter the convoluted system of procedural law courts, the cases possibly lasting quite a long period of time, causing delays which are often irreparable from the point of view of the parties involved, but especially of the contracting authority. Problems that occur in such situations must be resolved much quicker and should enter an emergency procedure aimed to minimise the negative effects of the delays which, many times, are fabricated. Could abuse of law or evasion of the law be invoked in this respect? It would be interesting to take into account such alternatives but strictly within the limits laid down by the letter and the spirit of the law.

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