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

Abstract

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

Keywords

• alternative dispute, public procurement, romania, general administrative appeal, pre-trial procedures