CONTROVERSIES AND PRACTICAL SOLUTIONS REGARDING THE AWARD OF CONTRACTS FOR THE DELEGATION OF THE MANAGEMENT OF ADMINISTRATION SERVICES OF THE PUBLIC AND PRIVATE DOMAIN OF THE TERRITORIAL ADMINISTRATIVE UNITS

Alina Bilan ()
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Alina Bilan: Bucharest Bar Association, Romania

Perspectives of Law and Public Administration, 2013, vol. 2, issue 1, 38-45

Abstract: This study analyzes the teething troubles met by local public authorities when organizing and applying tender proceedings for the award of delegation contracts for the management of the administration services of public and private domain of the territorial administrative units in view of the Law no. 51/2006 regarding the public community utility services and aims to provide practical solutions for interpreting and applying conflicting provisions of the regulations in force. In order to support the local public authorities in their activity this study offers solutions for some legal issues as establishing the applicable law and the hierarchy of the regulations in force for organizing the tenders, determining the legal form of the delegation contract, identification of the applicable rules for selection criteria and for evaluation of the bidders` offers as well as identifying the review procedures available for bidders. The research methodology is based on both the deductive method comprising theoretical documentation, analysis and synthesis of the concerned legal issues and on the comparative method as this study provides practical answers consistent with the national legal system based on the European Commission`s Recommendations on the services of general interest.

Keywords: territorial administrative units; public utility services; public domain; private domain (search for similar items in EconPapers)
JEL-codes: K23 (search for similar items in EconPapers)
Date: 2013
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