The amendment of the legislation on procurement has imposed an update to the “Guidebook for practitioners in the field of public procurement”, published two years ago. We prepared the new edition under the European project entitled “Law, Economy, Competition and Administration – Developing a Multidisciplinary Approach in the fight against Public Procurement Criminality”. The project had a preventive nature and targeted civil servants in the procurement departments within contracting authorities and magistrates. It was conducted in parallel with the drafting and adoption of new legislation.
The seminar and the debates focused on new provisions, and the second edition of the guidebook reflects the discussions and clarifications brought until November 2016.
In the absence of practice consolidated on the new legislation and given the interpretable nature of some provisions – unavoidable with such large and complex legislation – the considerations in this guidebook, especially in chapters 2, 3 and 4, have an orientation nature. They reflect points of view collected in the few months that followed after the entry into force of the new laws and norms. It is, therefore, necessary to follow the website of the National Agency for Public Procurement and the evolution of tertiary legislation.
A legislative clarification of any remaining controversial points is expected towards the second half of 2017.
The raport is available here (in ro)