Influența Directivei 2014/23/UE privind concesiunile asupra dreptului național român

Abstract

Concession contracts were neglected by the European law, especially by the directives on public procurement in 2004, which were only marginally covering public works concessions and the concessions were not subject to any specific regulation. Therefore, the Directive 2014/23/EU comes to cover a dead angle of the European law of public business contracts. Concessions are still in the same shadow cone on domestic plan, the Romanian legislation waiving in 2006 a legislative act dedicated exclusively to these contracts, as a result of the directives transposition at that moment. Yet this time, by implementing the Directive 2014/23/EU, the institution of concession is reinvigorated, to the detriment of the voices which sustained the lack of practical importance of this type of contract and of a distinction between this and public procurement. We are interested to analyze the manner in which this transposition was performed, both in form, and especially in substance: was the European legislation adapted by developing a clear domestic legislative framework or are we witnessing an ad literam assumption, which will enforce multiple amendments and supplements, similarly to the previous legislative experience in the field; are the assigned guided principles observed, are unequivocal procedures regulated and characterized by transparency?

Keywords

• directive 2014/23/eu, concessions, public law, romania.