UNELE ASPECTE PRIVIND PROCEDURA APLICABILĂ LITIGIILOR ÎN LEGĂTURĂ CU CONTRACTELE DE ACHIZIȚIE PUBLICĂ

The present study aims to detect the type of disputes that may arise during the conclusion, execution and cessation of public procurement contracts, as well as the specificity of the procedure applicable to these disputes. To that end, the premise of our approach is the distinction between the disputes concerning the award, conclusion and nullity of the contracts in question, which fall within the category of administrative disputes, on the one hand, and the disputes concerning the performance and cessation of those contracts, which are part of the scope of civil disputes, on the other hand. The conclusion of the study is that the procedure applicable to each of these categories of disputes has a mixed character (of public law and of private law) in which the weight of special rules differs depending on the nature of the disputes to which we refer.