Commercial Arbitration in Public Procurement. Experiences of the International Commercial Arbitration Court Attached to the Chamber of Commerce and Industry of Romania (original) (raw)
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REMARKS CONCERNING AMENDMENTS BROUGHT IN 2017 TO ROMANIAN LEGISLATION IN THE FIELD OF PROCUREMENT
In 2016 Romania transposed in its national legislation the directives contained in the EU legislative package, through which was realized a reform in the field of public procurement at the level of the European Union, whereas in 2017 several tertiary regulations for their enforcement were adopted. Approximately one year and a half following the enforcement of the new norms and procedures, several subsequent problems from their content had been identified, in addition to the problems that arose from their application. In order to solve these issues, the Romanian Government adopted, in December 2017, three Emergency Ordinances (no. 98/2017, no.104/2017 and no. 107/2017), thus modifying substantially the primary legislation in the field of public procurement, practically rewriting the regulation of the public-private partnership and establishing new rules aiming at the ex-ante control for the award of public procurement contracts/framework agreements, as well as for the award of sectoral contracts and for the award of public works concession contracts and public services concession contracts. In this study we will try to analyse the modifications, both a topicality and an important subject, emphasizing the deficiencies and finding possible steps forward.
2011
In the following study, the author makes a relative ly exhaustive analysis of the provisions of book IV in the new Romanian Civil Pro cedure Code (Law no. 134/2010, a Code already published (on 15 July 2010 ) in the Official Journal of Romania, but not yet in force. In this context, the author examines the provisions of “About arbitration” (art. 533-612) in the new Romanian Civil Procedure Code, (with a special focus on the institutionalized commercial arbitration) in relation both to the corresponding provisions in the current Romanian Ci vil Procedure Code, and to the provisions contained in the Rules of Arbitratio n of the Court of International Commercial Arbitration attached to the Chamber of C ommerce and Industry of Romania.
The recently adopted legislative package, aiming to reform the public procurement field within the European Union, required its transposition in each member state. In 2016, the competent authorities adopted, at the primary level, several legislative acts in order to regulate the field, while at the secondary level other legislative acts were issued in order to enforce the aforementioned primary legislation. Almost one year after enforcement, several questions arose concerning the correctness of the transposition, as well as its clarity and the extent of its sufficiency in both quality and number of the respective norms; meanwhile, solutions are searched for in order to remedy the deficiencies. KEYWORDS: public procurement; the reform of the legislative framework; transposition of the European Directives; national legislation JEL CODE: K 23, K 4
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