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Author: Ioan Baciu

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The Exclusion of Third-Country Suppliers from EU Public Procurement Procedures: journal article

The Romanian Case

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 151 - 157

As a matter of principle, suppliers and goods originating in the European Economic Area, in parties to the WTO’s Government Procurement Agreement, or to a bilateral agreement concluded with the EU, are protected against any forms of discrimination based on the grounds of nationality, similar to those coming from the EU. Suppliers originating in other countries, falling outside the scope of Article 25 of Directive 2014/24, cannot, however, be guaranteed the same form of protection. The access of the latter to procurement procedures in the EU may hence be blocked, but this essentially is a prerogative of each national government and of each contracting authority. On the other hand, confronted with an assault by Chinese companies which have managed to capture a dangerously big share of the EU public procurement market, the Commission started an active campaign on several fronts. More recently, the Commission decided to make a substantial effort in convincing Member States to come forward with concrete measures by which to restrict in an effective manner the access of third-country and, in particular, Chinese, suppliers to the EU procurement market. In response, the Romanian Government adopted in April 2021 a new set of laws providing for the automatic exclusion from the award procedures of all suppliers residing in one of the countries listed therein. Beyond its immediate economic effect, this measure could create some serious blockages in the market with unimaginable consequences, especially in times of crisis such as the recent Covid-19 pandemic. Keywords: China; third-country bidders; Romania

The Possibility to Reserve a Public Contract under the New European Public Procurement Legal Framework journal article

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 307 - 325

Over the years, and owing to a dramatic change in the social configuration of our continent, the initial arrangement consecrated by the Treaty Establishing the European Economic Community of 1957 has evolved, from an essentially economic structure, to an amazingly complex edifice defined by the ‘social market economy’. In this new context, public procurement has been given a central role, as a strategic tool in the implementation of various key social policy objectives. Only this has actually placed it deep in the clash between the traditional internal market rules and those pertaining to EU’s social policies. This article tries to spot the concrete place occupied in the described setting by the possibility to reserve a public contract (an institution discriminatory in its very essence) and how this valuable instrument has been transposed into the national legal framework of Member States. It also aims at showing how, in spite of the fact that, by the adoption of Articles 20 and 77 of Directive 2014/24, the general competition rules haven’t been annihilated but just adapted so to better correspond to the new EU landscape, the solution chosen by several Member States for transposition has in fact perverted their original purpose just to offer sufficient leeway for discrimination based on nationality grounds. Keywords: Public contract reserve; Discrimination; Social policy; Strategic public procurement.

Romania: A Possible Obstacle to the Free Access to Remedies in the Romanian Public Procurement System? journal article

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 9 (2014), Issue 4, Page 271 - 277

I. Introduction By Government Emergency Ordinance No. 51/20141 (‘GEO 51/2014’), the Romanian administration decided to take a number of measures allegedly aimed at: streamlining the public procurement process and protecting contracting authorities from the submission of abusive complaints which may ultimately skew the genuine purpose for which the remedies have been instituted [in the Romanian public procurement system] in the first place.+ In addition, these measures

The “Abuse of Rights” in Light of the CJEU Case Law. A Radiography of Decision C-434/12 journal article

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 9 (2014), Issue 2, Page 138 - 158

Judgment of the Court (Sixth Chamber) of 12 September 2013 in Case C- 434/12, Slancheva sila EOOD v Izpalnitelen direktor na Darzhaven fond “Zemedelie” Razplashtatelna agentsia.

I. Introduction This article is devised to address an issue of particular importance in the context of public procurement: the correct spending of public funds. Indeed, public procurement inevitably involves the disbursement

Fraud Against the Financial Interests of the European Union, Particularly in the Field of Public Procurement. journal article

Ioan Baciu

European Procurement & Public Private Partnership Law Review, Volume 8 (2013), Issue 2, Page 151 - 174

Is Romania Ready to Tackle It? A Radiography of the Latest Official Reports

I. Introduction Against a backdrop envisaging a European Union still wobbling in search for some efficient weapons to help it tackle, decisively, the fraud affecting its financial interests, Romania stands today, at the closing of the 2007–2013 multiannual financial framework (its very first), in front of the same obstacles that other EU Member States have been confronting

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