Implicaţiile hotărârilor Curţii Constituţionale a României şi Înaltei Curţi de Casaţie şi Justiţie asupra interpretării şi aplicării normelor în materia achiziţiilor publice

Av. Ion-Gabriel ENACHE

ABSTRACT

The article deals with the relevant decisions of the Constitutional Court and the High Court of Cassation and Justice on public procurement and their implications in reforming the legal framework and practice. It considers the interventions of the two courts in relation to the previous law on public procurement, G.E.O. no. 34/2006 repealed in May 2016 with the entry into force of the legislative package introduced as a result of new directives on public procurement. More precisely, this analysis takes into account on the one hand the decisions admitting objections of unconstitutionality, as well as the two appeals on points of law pronounced especially in the light of remedies in public procurement, those judgments still arousing interest from the perspective of the modernization of the...