Review 2022

Author

Simona GUTIU

Lecturer PhD, Faculty of Law, Bucharest University of Economic Studies

Abstract

In view of the recent plans on RES announced by the EU targeting to reduce the EU’s dependence on fossil fuels from Russia, Romania has made a step forward and enacted some legislative changes. Law no. 18/1991 on the land fund, Emergency Government Ordinance no. 34/2013 on the organisation, management and use of permanent grass land and Law no. 50/1991 on the authorisation of construction works have been temporary amended in view of targeting to shorten and simplify the permitting proceedings applicable for renewable energy projects.
Keywords: renewable energy, construction rules, permitting proceedings

JEL Codes: K12, K15, K41; K49

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Authors

Ana-Maria Abrudan, 
Attorney at Law
Carolina Mitea, 
Attorney at Law

Abstract

The public procurement landscape in Romania, much like its European counterparts, is governed by stringent directives and principles that strive to ensure transparency, equal treatment, and fairness in awarding contracts. Yet, a notable trend has emerged among contracting authorities in Romania: the establishment of restrictive requirements in tender documentation, particularly concerning construction works contracts. This article, informed by the European and Romanian legal frameworks, delves into these requirements, their implications for potential contractors, and the overarching need to balance specific experience criteria with the broader principles of inclusivity and competition.

Keywords: public procurement, restrictive requirements, tender documentation, construction works contracts

JEL Codes: K12, K23

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Author

M. Saleh Jaberi
Attorney at Law
Esmaeil Karimian
Attorney at Law

Abstract

There is a consensus among various legal systems that professional service providers must perform their duties with reasonable skill and care. However, it has been doubted whether their services must be compatible with the intended purpose of their clients. In the construction industry, the work of building contractors ought to fit the intended purpose of owners, and three theories have been proposed regarding the extension of this obligation to architects. Some believe that architects only bear the “obligation of means”, which only requires efforts to provide a suitable design without guaranteeing a specific result. A few others, however, believe that the architects’ duty is an “obligation of result”, which imposes strict liability on architects to provide a design compatible with the intention of their clients. A third and more fair theory has also been developed that differentiates architects’ obligations based on the type of structure. This article looks into these theories and the reasons behind each of them.
 

Keywords: architects, obligation of means, obligation of result, liability, architects’ obligations
JEL Codes: K13

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