Editura Universitara Legislatia achizitiilor publice in Romania

65,00 Lei

ISBN: 978-606-28-0701-6

DOI: 10.5682/9786062807016

Publisher year: 2018

Pages: 538

Publisher: Universitară

Author: Daniel-Mihail Sandru, Irina Alexe

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During 2016, Romania transposed into its national legislation the directives contained in the “legislative package” through which, in 2014, at the level of the European Union, the reform of the public procurement field was carried out, and during 2017 several regulations were adopted tertiary level for their application. After about a year and a half of application of the new rules and procedures, the problems that these regulations contained were identified, as well as those that arose during the application of the procedures.

In order to remedy these deficiencies, the Government adopted, in December 2017, three emergency ordinances (no. 98/2017, no. 104/2017 and no. 107/2017) by which it substantially amended the primary level legislation in the field of public procurement, has practically rewritten the regulation of the public-private partnership and has established new rules regarding the ex ante control of the process of awarding the contracts / framework agreements for public procurement, the sectorial ones, as well as the works and service concession contracts.

The volume contains a study in which these highly topical and important changes and 19 relevant normative acts in the field are analyzed, in the text of which the changes and completions brought by the three Government emergency ordinances were operated.
Irina Alexe
  Daniel-Mihail Sandru
  • Legislatia achizitiilor publice in Romania

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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
  • About publishers / 8
  • Considerations regarding the amendments brought in 2017 to the Romanian public procurement legislation / 9
  • Legislation:
  • Law no. 98/2016 on public procurement / 32
  • Government Decision no. 395/2016 for the approval of the Methodological Norms for the application of the provisions regarding the award of the public procurement contract / framework agreement from Law no. 98/2016 on public procurement / 121
  • Order no. 264/2016 on establishing the selection methodology for the ex-ante evaluation of the awarding documents related to the contracts / framework agreements of public procurement that fall under the incidence of art. 23 para. (2) of the annex to the Government Decision no. 395/2016 for the approval of the Methodological Norms for the application of the provisions regarding the award of the public procurement contract / framework agreement from Law no. 98/2016 regarding the public procurements, respectively the sectorial contracts / framework agreements that fall under the incidence of art. 25 para. (2) of the annex to the Government Decision no. 394/2016 for the approval of the Methodological Norms for the application of the provisions regarding the award of the sectorial contract / framework agreement from Law no. 99/2016 on sectoral procurement, as well as for establishing the way of interaction with the verified contracting authorities / entities 175
  • Order no. 281/2016 on establishing the standard forms of the Annual Program of Public Procurement and the Annual Program of Sectoral Procurement / 178
  • Order no. 842/2016 on the approval of the methodology for calculating the discount rate to be used for the award of public procurement contracts / 181
  • Order no. 141/2017 regarding the approval of the Selection Methodology and the way of interaction of the contracting authorities / entities with the National Agency for Public Procurement in connection with the intention to modify the public procurement contracts / agreements, respectively the sectoral contracts / framework agreements, under the conditions provided in art. 221 para. (1) lit. c) of Law no. 98/2016 and art. 238 of Law no. 99/2016 / 187
  • Instruction no. 1/2017 issued in application of the provisions of art. 179 lit. g) and art. 187 para. (8) lit. a) of Law no. 98/2016 on public procurement, respectively of art. 192 lit. g) and art. 209 para. (8) of Law no. 99/2016 regarding the sectoral acquisitions / 193
  • Instruction no. 2/2017 issued in application of the provisions of art.178 and art. 179 lit. a) and b) of Law no. 98/2016 regarding the public procurements, with the subsequent completions, respectively of the provisions of art. 191 and art. 192 lit. a) and b) of Law no. 99/2016 regarding the sectoral acquisitions / 210
  • Law no. 99/2016 regarding the sectoral acquisitions / 226
  • Government Decision no. 394/2016 for the approval of the Methodological Norms for the application of the provisions regarding the award of the sectorial contract / framework agreement from Law no. 99/2016 on sectoral acquisitions / 320
  • Law / no. / 100/2016 on works concessions and service concessions / 373
  • Government Decision no. 867/2016 for the approval of the Methodological Norms for the application of the provisions regarding the award of works concession and service concession contracts from Law no. 100/2016 regarding the works concessions and the service concessions / 423
  • Law no. 101/2016 on remedies and remedies in terms of awarding public procurement contracts, sectoral contracts and works concession and service concession contracts, as well as for the organization and functioning of the National Council for Solving Complaints / 464
  • Law no. 184/2016 on the establishment of a mechanism for preventing conflicts of interest in the procedure for awarding public procurement contracts / 489
  • Government Emergency Ordinance no. 98/2017 on the ex ante control function of the process of awarding contracts / / framework agreements / for / public procurement, sectoral contracts / framework agreements and works concession and service concession contracts / 498
  • Law no. 233/2016 regarding the public-private partnership / 511
  • Government Emergency Ordinance no. 13/2015 regarding the establishment, organization and functioning of the National Agency for Public Procurement / 526
  • Government Decision no. 634/2015 on the organization and functioning of the National Agency for Public Procurement / 530
  • Order / no. 121/2017 regarding the granting of methodological advice / 536

During 2016, Romania transposed into its national legislation the directives contained in the “legislative package” through which, in 2014, at the level of the European Union, the reform of the public procurement field was carried out, and during 2017 several regulations were adopted tertiary level for their application. After about a year and a half of application of the new rules and procedures, the problems that these regulations contained were identified, as well as those that arose during the application of the procedures.

In order to remedy these deficiencies, the Government adopted, in December 2017, three emergency ordinances (no. 98/2017, no. 104/2017 and no. 107/2017) by which it substantially amended the primary level legislation in the field of public procurement, has practically rewritten the regulation of the public-private partnership and has established new rules regarding the ex ante control of the process of awarding the contracts / framework agreements for public procurement, the sectorial ones, as well as the works and service concession contracts.

The volume contains a study in which these highly topical and important changes and 19 relevant normative acts in the field are analyzed, in the text of which the changes and completions brought by the three Government emergency ordinances were operated.
Irina Alexe
  Daniel-Mihail Sandru

www.editurauniversitara.ro

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