SINTEZÃ – CRITICÃ – DE PRACTICÃ JURISDICŢIONALÃ ÎN LEGÃTURÃ CU LITIGIILE PRIVIND ATRIBUIREA ANUMITOR CONTRACTE FINANŢATE DIN FONDURI PUBLICE (II)

Lately, the National Council for the Settlement of Challenges faced numerous challenges against acts of various commercial companies, without having the capacity of contracting authorities, but who benefit from public funds for the performance of certain public interest projects, companies which, according to the financing agreements concluded with the financing bodies, should have made any acquisitions necessary for the performance of the projects based on the Government’s Emergency Ordinance no. 34/2006 on the award of public procurement contracts, of contracts for the concession of public works and of contracts for the concession of services. The study represents the second part of an article with the same title, published in issue no. 7/2010 of this magazine and is intended to present a comparison of diverging solutions to such challenges and the grounds they are based on, as encountered in the recent practice of the Council and of control bodies.