The article pleads for compliance with the principle of legality, considering that the law has a certain degree of relativity, determined by its very interpretable character. Noticing this vulnerability of the law, the courts, in particular, experience the subtle limit between interpretation and legal creation, attempting to embrace the role of legislative authority. Often, ignoring the first side of the principle of legality – compliance exact...

The article discusses the ambiguous amendment brought by the Decision of 16 March 2023 of the National Council for Solving Appeals of 16 March 2023, regarding the treatment of appeals made by successful bidders and their requests for main intervention, as well as drawing up procedural instructions. The judgment removes the instrument of the application for main voluntary intervention from the disputes resolved by the Council, ordering its „lega...

The article pleads for compliance with the principle of legality, given that the law has a certain degree of relativity, determined by its very interpretable character. Noticing this vulnerability of the law, the courts in particular experience the subtle border between interpretation and legal creation, almost assuming the role of legislative authority. Often, ignoring the first side of the principle of legality – compliance exactly with the...

The article analyzes how the precautionary principle is applied in the field of public procurement. In this sense, in order to ensure the legality and transparency of the award, as well as the legal and appropriate execution of the object of the investment, the contracting authority is bound by the precautionary principle, which imposes the obligation to investigate, if not in the case of all bidders, in the evaluation stage of technical propos...

The article debates the issue regarding the termination of the effects of the decisions pronounced by the High Court in the interest of the law or with regard to points of law, especially when they are no longer relevant due to the legislative changes which occurred later and which can generate ambiguous interpretations. In order to ensure a consistent practice, the author believes that it would be necessary to establish a legal text enshrinin...

The article analyzes the manner of application in administrative-jurisdictional disputes brought before the National Council for Solving Complaints, of art. 454 of the Civil Procedure Code, which orders the defendant’s exemption from payment if he admitted, at the first hearing to which the parties were legally summoned, the claimant’s demands, an exemption which does not apply if, prior to the beginning of the trial, the defendant ...

The article discusses the issue of court costs in administrative law disputes regarding the awarding of public procurement contracts, highlighting the fact that the contracting authorities have at hand not only the right, but also the obligation to recover, from the opposing party that loses totally or partially in the trial, the expenses incurred during the proceedings, both before the Council and before the courts. The author’s s...

The study analyzes the notions of separate opinion and concurring opinion and how the current legislation regulates them. The author proposes, de lege ferenda, the express recognition of the opinions that the judge adds to the decision in order to dissociate himself/herself from certain inappropriate expressions to which the majority resorted. ...

The article discusses the special case of a possible incompatibility of the judge in litigations where one of the parties is represented by the lawyer who represents the judge himself/herself in other cases. After analyzing the specific regulations as well as the national and European case law, the author considers that the representation of the judge in other cases by the lawyer of either party is not likely, by itself, to reasona...

The public procurement complaint involves a financial effort for the person resorting to this administrative-jurisdictional procedural institution, the admissibility of the complaint being conditioned, first of all, by the proof of a guarantee whose amount is customized by the estimated value of the contract subject to the award procedure. In the absence of proof of the guarantee, within the term imposed by the delegated legislator, the compl...