A contracting authority has the freedom to externalise the provision of a service or the provide it internally by using their own resources in order to pursue public policy objectives. However, when doing so a contracting autority must comply with the free movement of goods, the freedom of establisment and the freedom to provide services as regulated by TFUE as well as the principles deriving therefrom, such as equal treatment, non-discrimina...

 An economic operator can be automatically excluded from an award procedure for failure to list the labour costs separately without the possibility of supplementing or amending the tendering documentation. This exclusion can be possible even if a particular obligation (to list separately the costs) was not set out explicitly in the tender documents in so far as such obligation is regulated by public procurement law and award documentation ment...

Public procurement in Romania is regulated, primarily, by the Emergency Government Ordinance no. 34/2006 regarding the award of the public procurement contracts, public works concession contracts and services concession contracts, with the subsequent amendments. According to this ordinance, any person considering his or her rights to have been harmed and having a legitimate interest by an act of the contracting authority thought to be irregular...