Romania does not currently have a specific PPP law but is in the process of enacting one. Following the EU’s recommendations, in 2006 the Government Emergency Ordinance No. 34/2006 on public procurement contracts, public works concession contracts and services concession contracts (“GEO No. 34/2006”), was enacted in order to transpose in the Romanian legal system the provisions of EU Directives 17/2004 and 18/2004. The unitary law facilitates usage by all participants in the public acquisition process. In addition there is a separate law on concession of goods in the public domain. The main guidelines and features of the new unitary law are set out below. The question of whether the law will be successful in the PPP context is a difficult one to answer until such time as it is tested, but there is a general consensus in Romania that the new law is an improvement on that prior to EU accession.
Romania has an emerging economy and there is an urgent need for investment in infrastructure in general. Although there have been discussions on the need to implement PPP specific legislation, the Draft PPP Law is still awaiting the approval of Parliament. Until the enactment of the PPP legislation, the current legislation on public procurement continues to be applicable for all projects initiated by public bodies. The procedure is quite slow and the risk suspension of tenders due to challenges was high until the beginning of 2009. The government is taking measures to optimise the current procedure and is also looking for external financing. However, there are currently no specific provisions in relation to PPP. As stated above, the current Romanian
legislation does not cater for every type of contracts and arrangements to be made between public and private entities. Since the beginning of 2009, there have been
discussions, at an institutional level, to introduce new project laws exclusively in relation to PPP. However, due to political reasons, these discussions are likely to be deferred.
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