出版社:Union of Jurists of Romania, Universul Juridic Publishing House
摘要:The article underlines the difficulties that the public authorities have in choosing the
most suitable public contract for the construction of a highway, starting from the identification of the
applicable legislation in this matter, both at European and national level. The analysis of examples of
good practice in such constructions is also necessary, by evaluating some public contracts already
executed at the level of some foreign states. The impasse in which Romania has been for many years
for the construction of a highway can be overcome by elaborating an appropriate legislation and
applying it correctly. Therefore, the understanding of the specificity of the various contractual
categories to which the Romanian state can appeal in order to materialize this old desire to build a
highway is essential. The representatives of the central authorities often oscillated between
public-private partnership, concession of works and public procurement, although the legislation has
changed several times during this time. And the transposition of the European directives in the field
seems not to have led to a clear conclusion on the long-term benefits and efficiency of these contracts.
The article intends to respond to these concerns that currently grind the aspirations of
materialization and completion of the construction of the Brasov-Comarnic highway from Romania.
关键词:Public Law; Administrative Law; Public Contracts; public private partnership;
concession; public procurement;