Reshaping the Europeanisation : A New Romanian Transposition of the Old European Directives on Remedies in Public Procurement

This article looks at the new transposition of the old European Directives on remedies in public procurement, performed by the Romanian legislature in 2016. The article emphasises the novelties and the clarifications brought by the new Law and describes the remedies and appeals available to the tenderers or to other persons allegedly aggrieved by acts issued by the contracting authority within the public procurement procedures or with regard to the conclusion or the execution of the contract. The remedies and appeals are better structured and regulated within the new Law than in the old one and the delineations between them are clearer. The new Law keeps in place the administrative-jurisdictional way of challenging the acts of the contracting authority (one of the specificities of the Romanian system, although administrative bodies of review in this field exist also, under different shapes, in another 13 EU Member States), but makes clearer some of the old provisions with regard to the proceedings. The claimant may choose the judicial avenue for the complaint instead of the administrative- jurisdictional one, which is optional and free of charge according to the Romanian Constitution. The judicial complaint and the judicial actions regarding the damages, annulment, nullity, rescission and cancellation of the contract, as well as the interim measures, are looked at in the article. An absolute novelty brought by the new Law and which will be also looked at in the article is the provision of specific means for the unification of administrative and judicial practice in this field. In the end, the article contains a section of brief conclusions