Danubius International Conferences, 6th International Conference The Danube - Axis of European Identity

Prior Notification - Admissibility Condition for Formulating the Appeal

Florentina Dragan
Last modified: 2016-06-14


The transposition of new EU directives and the adoption of the new legislative package in the filed of public procurement represented an opportunity to review the conditions of admissibility for formulating the legal writing contest against an act of the contracting authority issued in violation of the legal provisions, within the attributing procedure for public procurement contract, a contract involving public spending. The importance of the institution of notification of the contracting authority, an institution regulated in the old law applicable to public procurement has increased under the new law on remedies and appeals, wishing in fact improving the mechanism for appeals in attribution procedures. The prior notification as the condition of admissibility can have advantages, but also disadvantages for all actors involved in the acquisition process, the practice will prove or not the effectiveness of appealing in this way for the contracting authority.