Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by thCursuri Universitaree Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT

Mihaela V. CARAUSAN

 The article aims to show the crucial role of the European Union public procurement Directives

and European Court of Justice case law in all the dimensions of the contract clauses in the field of
classic sectors. We have addressed the contract clauses through the lens of European Union and
Romanian public procurement law. First, we emphasized that the secondary European Union law
emanates from the core regimes of the TFEU and pass by the European institutions in a set of
detailed procurement Directives which after all must be transpose by the Member States. Second, we
followed the relevant Directive’s provisions which limits or allows the contracting authority to
choose different public procurement contract clauses. Third, we discussed the crucial contribution of
the case law of the European Court of Justice to European Union public procurement law. Even if,
the public procurement Directive for the classic sector, does not provide detailed rules for the
contracts, it establishes some limits and obligations. We have highlighted these last elements in the
article through the lens of the Romanian new laws.

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Volume VIII, Issue 2, July-December 2018, posted at 18th of December 2018

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Summary

Articles (Studies, discussions, comments)

FUNDAMENTALS OF PROJECT FINANCE APPLIED TO PRIVATE PUBLIC PARTNERSHIPS IN COLOMBIA1

Mónica Liliana Ibagón

ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Jan Olszanowski

THE CIVIL SERVICE AT ROMANIA’S CENTENNIAL

Irina ALEXE

100 YEARS OF CONSTITUTIONALITY CONTROL

Daniela Cristina VALEA

FOREST LEGISLATION’S ROLE IN THE PROTECTION OF ROMANIAN FORESTS

Dogaru Lucreţia

THE EVOLUTION OF THE SOCIAL SECURITY SYSTEM IN ROMANIA

Brînduşa MARIAN

CONSTITUTIONAL EVOLUTION OF ROMANIA

Ioana Cristina VIda

COMMON LAW SUPREME COURTS. A COMPARATIVE APPROACH

Ovidiu-Horia MAICAN

ALTERNATIVE DISPUTE RESOLUTIONS WITHIN ADMINISTRATIVE CONTRACTS: ATTRIBUTES AND ENFORCEMENTS

Mihaela V. CARAUSAN

THE ROMANIAN CRIMINAL LAW FROM THE GREAT UNION TO THE PRESENT DAY

Ion Rusu

THE ROLE OF SOCIAL REACTION REFLECTED IN THE DINAMICS OF THE CRIMINAL CODES - PAST, PRESENT, FUTURE -

Crina – Bianca Vereş

UNIFICATION OF CRIMINAL LAW AFTER THE GREAT UNION – THE 1936 CRIMINAL CODE

Iuliu Crăcană

A HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW

Carmen Adriana Domocoş

TO VACCINATE OR NOT TO VACCINATE. BETWEEN MORAL AND CRIMINAL BOUNDARIES

Laura Stanila

ANALYSIS OF OFFENCES CONCERNING DRUG TRAFFICKING IN ROMANIAN LEGISLATION Adrian

Adrian Cristian MOISE

 

International Law

HINDSIGHT VIEW ON ARBITRATION FROM THE PERSPECTIVE OF THE VISIONS, INSTITUTIONS AND THE PERSONALITIES WHICH HAVE ADDED AND CONTRIBUTED TO THE EVOLUTION OF THIS FIELD IN THE LAST CENTURY FROM A TO Z

Alina Mioara Cobuz –Bagnaru

A CENTURY OF ROMANIAN ARBITRATION: HISTORICAL MILESTONES, FROM TRADITION TO MODERNITY

Cristina Ioana FLORESCU

CONSIDERATIONS UPON INTERNATIONAL TREATIES WHICH SHAPED THE HISTORY OF MODERN ROMANIA (1918 – 2018)

LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?

Dumitru Cazac

LEX MERCATORIA, SOFT LAW AND A CLOSER APROACH OF UNIDROIT PRINCIPLES

Loredana Ioana BUCUR

 

Legal theory

CIVIL LIABILITY - ETERNAL AND FASCINATING LADY OF CIVIL LAW

Maria Dumitru

CONSIDERATIONS ON THE LIQUIDATION AMONG THE HEIRS OF THE FUNERAL EXPENSES

Silviu-Dorin ŞCHIOPU

SOLVING WORK CONFLICTS. PAST AND FUTURE

Roba Roxana Maria