Rolul activ al judecătorului în litigiile privind achiziţiile publice

Jud. dr. Demis-Marius Spărios

Active role of the judge in public procurement disputes

Abstract

The active role of the judge is a rule of principle in civil proceedings, seen as a specific means of achieving justice. This active role is therefore also relevant to the procedure for settling disputes relating to public procurement, for which the common law is the provisions of civil procedure and those of administrative procedure, in so far as they are not contrary.

In this type of litigation, however, the active role of the judge presents particularities, which are also determined by the need to ensure, in the interpretation and application of national law, the primacy of the principles and legislation of the European Union, the field of public procurement being one of high importance at EU level.

A decisive influence on the practical application of the principle of the active role of the judge is also due to legislative...