Acta Universitatis Danubius. Juridica, Vol 10, No 2 (2014)

Abstract

In this study we aimed to analyze the consequences of the introduction by Ordinance No. 51/2014 for amending and supplementing GEO No. 34/2006 concerning the procurement of a new procedural institution, namely the guarantee of good conduct guarantee during the judicial-administrative proceedings and judicial proceedings. In our opinion, however, the new measures introduced by the Act enunciated are able to generate, in equal measure, violating constitutional provisions of EU law, as well as the conventional duty rates (i.e. the norms enshrining the free administrative courts, the right of access to an impartial court, the right to effective remedy discrimination). In addition, we cannot equalize a solution to reject the appeal / complaint and the conclusion that the contractor / economic operator involved in the procedure is due an amount to the authority for its bad faith, the bad faith is not retrievable only in the solution of appeal / lawsuit, as long as through a different interpretation of the same text of the law, the courts solutions give rise to an uneven practice, becoming necessary to demonstrate the proof of bad faith or even serious misconduct in the exercise of procedural rights.