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- Title
1. Stabilirea competenței materiale şi teritoriale a instanțelor de judecată în soluționarea cauzelor ce au ca obiect contestarea Documentelor constatatoare emise de către autoritățile contractante în baza H.G. nr. 395/2016.
- Abstract
The High Court of Cassation and Justice -- Division for Administrative and Tax Matters, by means of two decisions delivered in 2018, provided two settlements which were different, even contradictory with regard to the interpretation given to Art. 53 para. (1) of Law no. 101/2016 (on remedies and appeals concerning the awarding of public procurement contracts, sectorial contracts and contracts for concessions of works and services, as well as for the organization and operation of the National Council for Solving Complaints) by reference to the provisions of Art. 10 para. (1) of the Law no. 554/2004 on administrative matters. These decisions are aimed at establishing the subject-matter jurisdiction and the territorial jurisdiction for the settlement of cases concerning challenges against an ascertaining document issued in connection with the public procurement procedure. Considering the amendments brought both to Law no. 101/2016 and Law no. 554/2004 by means of Law no. 212/2018 (subsequent to the two resolutions of the H.C.C.J.) there is a proposal as to the appropriation of the settlement given to this matter by the High Court of Cassation and Justice by decision no. 60 of 17 January 2018.
- Subjects
TERRITORIAL jurisdiction; PUBLIC contracts; GOVERNMENT purchasing; CONTRACT employment; SUITE (Musical form)
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p373
- ISSN
1844-6450
- Publication type
Article