Paper/Speech Details of Conference Program for the 27th NISPAcee Annual Conference Program Overview Panel: The Rule of Law & Public Administration Author(s) Laura Farca Babes-Bolyai University 6 Prof. Dr. Mihail Georgescu, flat 8, Bucharest, second district Romania Dragos Dacian, Title In-house Procurement in Romania from Exception to the Rule: Implications for the Rule of Law (Transparency, Accountability) File Paper files are available only for conference participants, please login first. Presenter Laura Farca Abstract Abstract: The article starts with a short analysis on the main conditions for a municipality to set-up companies over they maintain control in order to supply goods, services or works. Although it is a positive thing having a regulation at EU level concerning the award of public procurement contracts by municipalities (in-house companies), a close look at various existing arrangements referring to the implementation of these companies could raise some practical issues. Thus, this article aims to analyze the rules applicable to contracts passed by public undertakings. Why? As a rule, the public procurement law is not applicable when a municipality builds the works or provides the goods and services through such companies. So, it seems obvious that it is easier to limit the application of public procurement rules by setting-up such companies. Such conduct could raise some questions regarding the conformity with the rule of rule and transparency principle in public procurement. Furthermore, additional questions could be raised in what concerns the manner in which such entities could be held accountable for their behavior on the market. Thus, the article looks at the concept of in-house providing and implications deriving from the need to achieve a certain level of transparency in public procurement. Furthermore, the article will conduct a scrutiny at the specifics of such in-house companies as set-up by the municipality in Bucharest, Romania
