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Alternative Dispute Resilution Mechanisms in the Field of Public Procurement: Between Effectiveness and Constitutionalily

Transylvanian Review of Administrative Sciences

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Title Alternative Dispute Resilution Mechanisms in the Field of Public Procurement: Between Effectiveness and Constitutionalily
 
Creator DRAGOŞ, Dacian; Associate Professor, Public Administration Department, Faculty of Political, Administrative and Communication Sciences, Babeş-Bolyai University, Cluj-Napoca, Romania
 
Subject alternative dispute, public procurement, Romania, general administrative appeal, pre-trial procedures
 
Description The article discusses the new developments in the public procurement system triggered by the empowerment of the National Council for Solving Administrative Disputes (an administrative body) as the only first instance review body for remedies before the conclusion of public procurement contracts. The legislative development entails discussions regarding the constitutionality of the solution and also about the efficiency of subjecting complainants to an administrative body instead of courts. The conclusion of the study highlights the fact that the search for effectiveness in awarding contracts (mainly for the purpose of spending the structural funds) is pushing the Government towards unconstitutional solutions like the one promoted recently, regardless of the constant probability of such provisions being ousted by the Constitutional Court on the basis of open access to justice principle enshrined in our Constitution
 
Publisher Babes Bolyai University
 
Contributor financed through a post-doctoral grant under European Social Fund, Operational Sectoral Program for the Development of Human Resources
chapter on Romania in a book dedicated to Remedies in European Public Procurement
 
Date 2011-10-01
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://rtsa.ro/tras/index.php/tras/article/view/302
 
Source Transylvanian Review of Administrative Sciences; 2011: Issue No. 34 E/October; 98-113
18422845
 
Language eng
 
Relation http://rtsa.ro/tras/index.php/tras/article/view/302/295
 
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