Transformations  in
Business & Economics

A View on Legal Procedure for Issuing Public Procurement Contracts
Mihaela Tofan

ABSTRACT. The public procurement contracts are the main method to use private finance in Romanian public sector. The law establishes a precise procedure to have such a contract done. Although there are particular conditions and criteria for each phase of the procedure and the European dimension of this concept is generally respected, there are also some important aspects left aside. Analysing the Romanian version of public procurement contract, we may observe first the lack of guaranties in obtaining a just solution and in useful time, if the right to contest is used by the private partner. Second, we might question about the impartiality of the expert of public procurement procedure. Third, but not necessarily the last issue to discuss, we notice the parallel role of the courts of law and of the national council of resolving the petition on PPP procedure and so on. The paperwork aims to propose some solutions to these inconveniences related above.

KEYWORDS: public private partnership, public funds, procurements contract, legal procedure, European law, Romania.

JEL classification: K40, H12, K49, P2.