Dilema competenţei instanţelor judecătoreşti în cazul litigiilor privind executarea contractelor de achiziţie publică încheiate prin atribuire directă

Andrei ŢOCA

ABSTRACT

The system of remedies and remedies in the field of public procurement is regulated at the local level by the provisions of Law no. 101/2016, which ensured the transposition into national law of the provisions of Directive no. 89/665/EEC, as well as Directive no. 92/13/EEC. The two Directives aim to provide swift and effective remedies to combat breaches of substantive law in the field of public procurement.

The scope is limited, including only contracts covered by the substantive directives. At the same time, the remedies directives only set out the minimum conditions to be taken into account when implementing their provisions, meaning that Member States will enjoy a certain margin of freedom in shaping their own procedural system of remedies in the field of public procurement.

The system of remedies implies the...