My presentation at this year’s edition of the Business Law in the Dynamics of Innovation Conference falls within the field of public procurement, focusing on the final stage in the performance of an awarded contract. This is the point at which the national legislature empowers the contracting authority to issue its own assessment of the manner in which the procurement contract has been performed. De iure, the beneficiary’s opin...

The study provides a comprehensive legal analysis of the bank guarantee letter as an autonomous personal security under Romanian civil law, widely used in commercial transactions and public procurement. The author emphasizes its defining features – autonomy, irrevocability, and unconditionality – which fundamentally distinguish it from suretyship and other accessory guarantees. The paper examines the contractual and legal framework governing b...

The Romanian National Council for Solving Complaints confirms that the mere submission of an e-mail without any identifi cation data does not account for a conclusive proof to justify an abnormally low tender. In a similar vein, a mere sworn statement from the bidder mentioning a discount received from the producer without any other proof should be disregarded by the contracting entity.Furthermore, if the producer in question even express...

The legal-jurisdictional chain drive in our country has shown a series of controversial issues regarding the review procedures against the decisions issued by the National Councils for Solving Complaints, issues that are of common knowledge to the public procurement experts. Despite of these facts, which were subject matter to a series of amendments, brought to the G.E.O. no. 34/2006, the aim of this article is not to summarize or resume the ...

This article aims at analysing the specific issues that may arise in the public procurement proceedings, with a focus on bid-rigging practices and the behaviour of public authorities as forms of anticompetitive conducts expressly regulated by the Competition Act no. 21/1996. Moreover, given the recent practice of the Competition Council, the authors have also presented the particularities of relevant markets definition in the case of anticompe...