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The Modification Of A Public Procurement Contract Under The New European Directives On Public Procurement

Author

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  • Adelina VRÂNCIANU

    (University of Bucharest)

Abstract

The modification of a contract is an area presenting a real interest for the practitioners in the field. More and more, the contractors tend to resolve their implementation problems through addendums which, most often, don’t respect the publicity conditions imposed by the national and European legislation. OUG nr. 34 and HG nr. 925 don’t have provisions regarding contract modifications, the principles being imposed by the European case-law. In present, the single act with a chapter on contract modification is Ordin nr. 543/2013. The real conflict is knowing when a modification can be qualified as substantial or not and which are the elements to be takeni into consideration during the evaluation process. The new Directive 2014/24/CE regarding public procurement goes beyond the case-law and poses new principles.

Suggested Citation

  • Adelina VRÂNCIANU, 2014. "The Modification Of A Public Procurement Contract Under The New European Directives On Public Procurement," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 161-163, December.
    • Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:161-163
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    File URL: http://www.businesslawconference.ro/revista/articole/an3nr1/21.%20Vrancianu%20Adelina%20EN.pdf
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    More about this item

    Keywords

    public contracts; public procurement; contracting authorities; administrative law;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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