IDEAS home Printed from
   My bibliography  Save this article

The Subjects Of The Public Procurement Contract - About Discrimination And Its Consequences In The Public-Private Relation


  • Raul-Felix HODOS

    (PhD, assistant professor, "Petru Maior" University of Tirgu Mures; lawyer, National Association of Romanian Bars - Bucharest Bar, ROMANIA.)

  • Daniela MICU

    (Insolvency practitioner, Romanian National Association of Practitioners in Insolvency - Mures Branch, ROMANIA.)


In this paper, the authors want to approach a subject which affirms its actuality even after the promulgation of a new set of public procurement legislation in May and June 2016: in what way the principle of equal and non-discriminative treatment between the participants at this type of procedure can be applied. The issue of the implementation of these rules is caused, among other things, by the fact that Law 98/2016 is vague, because it only establishes that two of the most important principles of public procurement are the ones of non-discrimination and equal treatment, in application of which each contracting authority has the obligation to avoid breaches in fair competition. Thus, the legislature must establish clear criteria and rules in order to detail the way public procurement principles (which are concisely presented in the primary legislation) are to be implemented in order to avoid a disloyal competition between the economic operators which are involved in the execution of public procurement contracts.

Suggested Citation

  • Raul-Felix HODOS & Daniela MICU, 2017. "The Subjects Of The Public Procurement Contract - About Discrimination And Its Consequences In The Public-Private Relation," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 70, pages 56-70, September.
  • Handle: RePEc:pmu:cjurid:v:70:y:2017:p:56-70

    Download full text from publisher

    File URL:
    Download Restriction: no

    More about this item


    : public procurement; principles of equal treatment and non-discrimination; competition; Law no. 98/2016; remedies and sanctions for discrimination in public procurement.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:70:y:2017:p:56-70. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Bogdan Voaidas (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.