The Government Procurement Review 2016
Written by:Oana Gavrilă and Mariana Sturza
Article link: pdf/en/articles/Government_Procurement_Review_2016___Romania.pdf
Publisher:Law Business Research Ltd
Public procurement contracts are essentially regulated by Government Emergency Ordinance No. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts (GEO No. 34/2006). Specific sector regulation and clarifications of GEO No. 34/2006 can be found in the secondary and tertiary legislation, consisting of government decisions and National Agency for Public Procurement (ANAP) (former National Authority for the Regulation and Monitoring of Public Procurement) orders. GEO No. 34/2006 transposes the EU legislation on public procurement and creates the legal framework to secure compliance with the principles of contract awarding in public procurement: non-discrimination, equal treatment, mutual recognition, transparency, proportionality, optimum use of funds and undertaking of liability.
A reform of the public procurement sector is currently in progress in Romania, implying both legislative and administrative changes. As concerns the legislative framework, the main piece of legislation, GEO No. 34/2006, shall be replaced by four enactments concerning classical public procurement, utilities, concessions and remedies, further to the adoption of the new EU Public Procurement Directives.
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