LMS Presentation – Romania
The Romanian legislative framework for public procurement is spread in multiple laws: Law no. 98/2016 and Law no. 99/2016 for public procurement and sectoral procurement, Law no. 100/2016 for public works and services concessions, Law no. 233/2016 for the public-private partnership, as well as Remedy Law no. 101/2016, for the remedies to all procedures, excepting concession of public goods (general law applicable).
Laws are complemented by Governmental decisions, that detail the law, but sometimes restrict the interpretation of its provisions. Other relevant sources for public procurement practice are the Orders of the President of the National Agency for Public Procurement, that offer detailed guidance for public bodies.
The Romanian legislator transposed the EU law almost identically into national provisions. Moreover, gold plating is used, by extending EU legislation to mostly all public procurement contracts and lowering the thresholds.
Multiple public bodies form the institutional framework applicable to public procurement in Romania: The National Agency for Public Procurement (monitors the public procurement processes); The Management Authorities for Structural Funds (ex post control of Structural Funds Grants payments); The National Council for Solving Legal Disputes (first instance review body for public procurement); The courts of law (Tribunal – special units for administrative and fiscal law; Courts of appeal and at the Highest Court of Cassation and Justice).
Websites for legislation:
Law no. 98/2016: https://legislatie.just.ro/Public/DetaliiDocument/178667
Law no. 99/2016: https://legislatie.just.ro/Public/DetaliiDocument/178661
Law no. 100/2016: https://legislatie.just.ro/Public/DetaliiDocument/178689?noCache=1485648000023
Law no. 233/2016: https://legislatie.just.ro/Public/DetaliiDocument/184006
EGO no. 54/2006: https://legislatie.just.ro/Public/DetaliiDocument/73070
Law no. 101/2016: https://legislatie.just.ro/Public/DetaliiDocument/178680