DISCUȚII PRIVITOARE LA NATURA JURIDICÃ A CONTRACTULUI DE ACHIZIȚIE PUBLICÃ DIN PERSPECTIVA MODIFICÃRILOR LEGISLATIVE SUCCESIVE ADUSE ORDONANȚEI DE URGENȚÃ A GUVERNULUI NR. 34/2006

Legislative changes occurring in recent years in terms of the legal nature of the public procurement contracts were subject to doctrinal debate and generated disputed solutions in the judicial practice. We refer to the definition of public procurement contract as a Commercial Agreement, under Law no. 278/2010 which has amended and supplemented the Government Emergency Ordinance no. 34/2006 regarding the award of public procurement contracts, public works concession contracts and services concession contracts, approved with amendments and supplements by Law No. 337/2006, as subsequently amended and completed. This legislative approach has shown legislator’s inconsistency in the matter, considering that by organic law – the Law of the contentious administrative No. 554/2004 – public procurement contracts are expressly defined as administrative contracts. At the end of July 2012, the National Authority for Regulating and Monitoring Public Procurement has published a draft emergency ordinance designed to bring new amendments and supplements to the Government Emergency Ordinance No. 34/2006. These proposals were successively amended by the issuer, the final form been approved through the Government Emergency Ordinance No. 77/2012. From the point of view of this study, the legislative changes contained in the Government Emergency Ordinance No. 77/2012 regarding the legal nature of the public procurement contracts and, consequently, the courts competent to hear disputes under these contracts are remarkable.