OSCILLATING BETWEEN DIFFERENT TYPES OF PUBLIC CONTRACTS REGARDING THE CONSTRUCTION OF A HIGHWAY

Cătălina-Georgeta DINU

Abstract: The article underlines the difficulties that the public authorities have in choosing the most suitable public contract for the construction of a highway, starting from the identification of the applicable legislation in this matter, both at European and national level. The analysis of examples of good practice in such constructions is also necessary, by evaluating some public contracts already executed at the level of some foreign states. The impasse in which Romania has been for many years for the construction of a highway can be overcome by elaborating an appropriate legislation and applying it correctly. Therefore, the understanding of the specificity of the various contractual categories to which the Romanian state can appeal in order to materialize this old desire to build a highway is essential. The representatives of the central authorities often oscillated between publicprivate partnership, concession of works and public procurement, although the legislation has changed several times during this time. And the transposition of the European directives in the field seems not to have led to a clear conclusion on the longterm benefits and efficiency of these contracts. The article intends to respond to these concerns that currently grind the aspirations of materialization and completion of the construction of the BrasovComarnic highway from Romania.

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