Considerații critice cu privire la contenciosul contractelor administrative reglementat de legea nr. 554/2004

Abstract

The evolution of the Romanian legislation, especially after the first revision of the Romanian Constitution in 2003, requested the adoption of a new law on this issue, Law no. 554 of 2004, which entered in force in January 2005. Its examination permits us to detect a series of essential modifications of the old regulation. We will expose some critical reflection and proposals for answering to the significant points of view expressed on the new legal regime of the judicial review of administrative contracts. Our study is based on the unanimous admitted necessity of this new law and reflects many of its valences, but, in our opinion, the Law no. 554 of 2004 also contains some rules that could paralyze the activity of the administrative public authorities, so that we think its modification is necessary.