Public procurement

Administrative acts / Preliminary complaint / Contentious – administrative / Public procurement / How we can help you

According to Law 554/2004, an administrative act is a unilateral act of an individual or normative nature issued by a public authority, under public authority, in order to organize the execution of the law or the actual execution of the law, which gives rise to, modifies or extinguishes legal relationships.

In Romania there are a number of administrative acts issued by public authorities/institutions, such as: an urban planning certificate establishing certain limitations/conditions, a building permit, a decision of imposition, a decision of joint and several liability for the debtor’s obligations, etc.

Public procurement contracts belong to the category of administrative acts.

It should be stressed that not every act issued by a public authority/institution is an administrative act.

Prior complaint

If you have received an administrative act and wish to challenge it, you should be aware that, in principle, before challenging the act before a court, you are obliged to challenge the act by means of a preliminary complaint.

According to the Law no. 554/2004, if a person considers himself aggrieved by a certain administrative act, he can challenge it by means of a preliminary complaint, before the court is seized.

Litigation – administrative

In certain situations, relations between you and various public authorities/institutions are influenced by certain administrative acts issued by the latter.

For example: you may be issued with a building permit allowing you to build a building according to certain parameters, you may be notified of a tax decision by the tax authority, etc.

If there are disagreements between you and the authority/institution issuing the administrative act regarding the validity/effectiveness of the administrative act in question, these disagreements can be settled by the courts of law, competent according to the law.

How we can help you

• Our lawyers offer you comprehensive services in the field of public procurement, including:
• identify the rules for participation in a tender organised by a contracting authority;
• how you can submit a bid in a tender organised by a contracting authority;
• assisting and representing you in public procurement procedures;
• assisting and representing you during the development and implementation of a public procurement contract;
• assisting and representing you before the competent bodies with regard to possible disputes concerning a public procurement contract.

Additional information on public procurement