EIRP Proceedings, Vol 12 (2017)

Abstract

The present paper aims to analyze the unconstitutionality found within art. 98 para. 1 of O.U.G. no. 60/2001 regarding public acquisitions, legislative text that establishes both contraventions and offenses committed by different people in public acquisitions procedures. The analyzed expression is a phrase predominantly used by the Romanian legislator in various special laws, namely: “constitutes contraventions and are punished the following acts, unless committed in such conditions as to be considered, according to criminal law, infractions”. The implications of this analysis focuses mainly on public acquisitions but its effects may occur on absolutely any enactment containing the phrase mentioned above. Academic and practical importance of this approach is that although legal rules invoked are abrogated, they continue to produce their effects in the criminal cases of the National Anticorruption Department which are still pending before the courts. Furthermore, the arguments can be used, inclusively for lodging an unconstitutionality objection concerning this phrase in other criminal or civil cases that directly or indirectly concern the public acquisition procedures.