Journal of Danubian Studies and Research, Vol 6, No 2 (2016)

Abstract

The transposition of the new Community directives and the adoption of the new legislativepackage in the field of public procurement constituted the opportunity to review the conditions ofadmissibility for formulating an appeal against an act of the contracting authority issued in breach ofthe legal provisions, within the procedure for assignment of the public procurement contract, contractwhich involves spending public money. The importance of the institution of notification of thecontracted authority, an institution regulated also in the old applicable law in the field of publicprocurement, has grown under the new law on remedies and appeals, in fact seeking to improve themechanism of appeal procedures in assignment procedures. Prior notification as a condition ofadmissibility may have advantages but also disadvantages for all actors involved in the procurementprocess, the practice being to demonstrate the effectiveness of this remedy before the contractingauthority, or not.