European Union legislation on public procurement

Editura Universitara
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85,00 Lei 62,05 Lei

ISBN: 978-606-28-0744-3

DOI: 10.5682/9786062807443

Publisher year: 2018

Pages: 696

Publisher: Editura Universitară

Author: Daniel-Mihail Sandru, Irina Alexe

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The successive legislative reforms carried out at the level of the European Union, in the field of public procurement, starting with the '70s, were crowned, in 2014, by the adoption by the European Parliament and the Council of a new legislative package that included three new directives (Directive 2014 / 23 / EU - on the award of concession contracts, Directive 2014/24 / EU - on public procurement and Directive 2014/25 / EU - on procurement by entities operating in the water, energy, transport and postal services sectors). On this occasion, the competent authorities of the European Union have also established that the directives-remedies remain applicable. Member States had two years to transpose the new European legislation, and Romania transposed the directives in 2016.

The introductory study, entitled Reflecting the sources of European public procurement law in administrative and jurisdictional practice in Romania, shows that European rules have a direct impact on the application and interpretation of European Union law by national courts and administrative authorities.

Since, after the transposition into national law of the new legislative acts, there have been numerous amendments and completions of national normative acts, as well as numerous controversies and difficulties, including regarding the transposition or correct / incorrect application of European norms, we consider necessary and it is mandatory to know the direct sources by the practitioners in the field of procurement, by the researchers and especially by the legislator, and the collection of European Union legislation on public procurement is a useful tool, intended for this purpose.

Daniel-Mihail Sandru

Irina Alexe
  • Legislaţia Uniunii Europene în materia achiziţiilor publice

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Daniel-Mihail Sandru

University professor at the University of Bucharest, "Dimitrie Cantemir" Christian University. He founded and coordinates the Center for European Law Studies of the Institute for Legal Research „Acad. Andrei Radulescu ”of the Romanian Academy. Ad hoc judge at the European Court of Human Rights and arbitrator at the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry. President of the Society of Legal Sciences and of the Romanian Association of European Law and Affairs. Editor-in-Chief of the Romanian Journal of European Law (Wolters Kluwer).


Irina Alexe

Associate scientific researcher at the Institute of Legal Research „Acad. Andrei Radulescu ”of the Romanian Academy. She is a graduate of the Faculty of Law within the "Alexandru Ioan Cuza" Police Academy and a doctor of law from the Faculty of Law of the University of Bucharest. He worked for almost 20 years in the Ministry of Internal Affairs and is currently a reserve officer. He is an expert in the elaboration and support, within the governmental and parliamentary procedures, of the projects of normative acts aiming at the field of internal affairs, the functioning of the central and local administration, respectively the coordination of the prefects' activity.

CONTENT

Daniel-Mihail Sandru, Reflecting the sources of European public procurement law in administrative and jurisdictional practice in Romania / 7

LEGISLATION

Directive 2014/23 / EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts / 30

Directive 2014/24 / EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18 / EC / 105

Directive 2014/25 / EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17 / CΕ / 298

Directive 2009/81 / EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, for the supply of goods and for the provision of services by contracting authorities or entities in the fields of defense and security Directives 2004/17 / EC and 2004/18 / EC / 445

Directive 2009/33 / EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy efficient road transport vehicles / 520

Council Directive 89/665 / EEC of 21 December 1989 on the coordination of laws, regulations and administrative provisions relating to the application of procedures relating to appeals against the award of public product contracts and public works contracts / 530

Council Directive 92/13 / EEC of 25 February 1992 on the coordination of laws, regulations and administrative provisions relating to the application of Community rules on public procurement procedures of entities operating in the water, energy, transport and telecommunications sectors / 540

Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015 laying down standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) no. 842/2011/556

Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24 / EU of the European Parliament and of the Council as regards application thresholds for procedures for the award of public contracts / 679

Commission Delegated Regulation (EU) 2015/2171 of 24 November 2015 amending Directive 2014/25 / EU of the European Parliament and of the Council as regards application thresholds for procedures for the award of public contracts / 694

The successive legislative reforms carried out at the level of the European Union, in the field of public procurement, starting with the '70s, were crowned, in 2014, by the adoption by the European Parliament and the Council of a new legislative package that included three new directives (Directive 2014 / 23 / EU - on the award of concession contracts, Directive 2014/24 / EU - on public procurement and Directive 2014/25 / EU - on procurement by entities operating in the water, energy, transport and postal services sectors). On this occasion, the competent authorities of the European Union have also established that the directives-remedies remain applicable. Member States had two years to transpose the new European legislation, and Romania transposed the directives in 2016.

The introductory study, entitled Reflecting the sources of European public procurement law in administrative and jurisdictional practice in Romania, shows that European rules have a direct impact on the application and interpretation of European Union law by national courts and administrative authorities.

Since, after the transposition into national law of the new legislative acts, there have been numerous amendments and completions of national normative acts, as well as numerous controversies and difficulties, including regarding the transposition or correct / incorrect application of European norms, we consider necessary and it is mandatory to know the direct sources by the practitioners in the field of procurement, by the researchers and especially by the legislator, and the collection of European Union legislation on public procurement is a useful tool, intended for this purpose.

Daniel-Mihail Sandru

Irina Alexe

www.editurauniversitara.ro

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