Law Review International Journal of Law and Jurisprudence Online Semiannually Publication published by 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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