Book Review: Remedies and Appeals in the field of Public Procurement. Law no. 101/2016-genesis, interpretation, limits, perspectives

Emilia Lucia Cătană

Academic Journal of Law and Governance, 2020, vol. 8, issue 1, 125-128

Abstract: This book review discusses Dumitru-Daniel Șerban's 2019 volume Remedii și căi de atac în domeniul achizițiilor publice. Legea nr. 101/2016-geneză, interpretare, limite, perspective (Bucharest: Hamangiu), a commentary on Romanian Law no. 101/2016 on remedies and appeals in the assignment of public procurement, sectorial and concession contracts and on the organisation and operation of the National Council for Appeal Resolution. The reviewer surveys the book's structure — introductory aspects, a detailed commentary on the law, an analysis of unconstitutionality breaches in the law of remedies and a concluding part — and its extensive use of Romanian, Constitutional Court, High Court of Cassation and Justice and CJEU jurisprudence, and endorses several of the author's positions, among them the proposal to combine Laws no. 98-101 of 2016 into a Code of Public Procurement. She also records the author's criticism of the judicial stamp-fee percentages set by article 56 paragraph (1) of Law no. 101/2016, and recommends the work to researchers and practitioners in the field.

Date: 2020
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