MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT

Abstract

"The article aims to show the crucial role of the European Union public procurement Directives and European Court of Justice case law in all dimensions of contract clauses in classic sectors. We have examined contract clauses through the perspectives of European Union and Romanian public procurement law. First, we emphasized that secondary European Union law emanates from the core regimes of the TFEU and passes through the European institutions in a set of detailed procurement Directives, which must ultimately be transposed by the Member States. Second, we followed the relevant Directive's provisions, which limit or allow 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.

Although 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 elements in the article through the lens of the new Romanian laws."