Preliminary complaint and the limitation of the right to action in case of disputes regarding the administrative contracts. Examination of the legislative amendments and issues of transitory law

DEZBATERI

Abstract

Administrative contracts benefit from a general regulation in Law no. 554/2004, as well as from special regulations, among which a specific relevance belongs to Law no. 98/2016, Law no. 99/2016, Law no. 100/2016 and the procedural provisions contained in Law no. 101/2016 regarding the remedies and means of appeal in the matter of awarding public procurement contracts, sectoral contracts and works and services concession contracts, as well as for the organization and functioning of the National Council for Solving Complaints. As a consequence of the coexistence of these categories of rules, certain legal institutions, such as those indicated in the title, have differences depending on the legal regime into which they are classified. Moreover, Law no. 212/2018 brought significant amendments both to Law no. 554/2004, and to Law no. 101/2016, so that, at present, the judicial practice copes with disputes where there’s the matter of the identification of the legal regime applicable to a certain administrative contract, a measure which should first take into account the category of contracts and whether it benefits from a special regulation, from the relation between the special and general rule and last, but not least, from the application of the legislative amendments over time in relation thereto