CELERITY IN THE JUDICIAL PROCEEDINGS CONCERNING THE AWARD OF PUBLIC PROCUREMENT CONTRACTS

Abstract

The recent Government Emergency Ordinance (GEO) no. 114/2020 was adopted in order to ensure a flexible system of the award of public supply and public works contracts, being necessary to avoid the risk of decreasing the use of European and local founds and also the delay of implementing important projects with a large social and economic impact at the national level. The litigations in the field of the award of public supply and public works contracts represent an important cause for the delay in implementing such projects. There for the legislator chose to enforce few changes in order to ensure the jurisdictional proceedings in the respect of the main principles of contradictory and right to defense but also to encourage the use of the modern technologies and the private communications between parties. For the proper application of the law is necessary to find out if such measures are able to achieve the above purpose, also taking into account which are the realities of the systems applying these proceedings.

Keywords

• judicial proceedings
• public procurement contracts
• administrative law
• celerity