DESPRE UNELE CONTRACTE ADMINISTRATIVE PRIN PRISMA TEORIEI GENERALE A DREPTULUI

Elena-Mihaela Fodor

FIAT IUSTITIA, 2012, vol. 6, issue 2, 20-36

Abstract: The paper is considering the role of the General Theory of law upon the coherence of a national law system. Notions of “given” and “built” elements of law are considered. The “given” elements are essentialised in concepts, and concepts lead to the principles of law. An analysis of the relationship between the principles of law and legal norms is made at a theoretical level. From this perspective, the author is looking at the evolution of national regulation in the field of the contracts regarding public procurement and public-private partnership. Through different legal acts issued since 2006, with the purpose of aligning the national norms to the UE ones in the researched field, the character of administrative contract was denied to the public procurement and public-private partnership contracts. Odd enough, a mixed character resulted: an administrative contract during the tender stage and a private contract during the implementation and termination stages. A comparison with the evolution of French legislation in the same field proves that an alignment to UE norms may be achieved together with the preservation of the specifics of the national law system. The article is a plea for a permanent consideration of the elements of the general Theory of Law in order to ensure coherence both with the national legal system and the UE regulations. This is not a theoretical requirement, but a practical one, enabling the predictability of law and stability of juridical relations.

Keywords: administrative law; principles of law; public contract (search for similar items in EconPapers)
Date: 2012
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