The VAT in the European co-funded projects
Review Economy and Public Administration no. 8, August 2008

The sum representing the VAT correspondent to the individual contribution for the national public budget is to be undertaken by the Beneficiary out of its own financial resources and it is not to be reimbursed by the Contracting Authority. For all types of contracts, the VAT payment claim is to be accompanied by the statement engaging on own liability concerning the correctness of the calculation of the VAT stipulated on the invoices, as well as concerning the observance of all the legal obligations regarding VAT regulated by the in force legislation.

      Author(s): Bogdan Parvu


The prolongation of contracts concluded through the public procurement procedure
Review Economy and Public Administration no. 8, August 2008

Concerning the contracts concluded trough public procurement procedure, with a term already fixed in the awarding documentation, the authority has to identify the necessity of concluding another contract having the same scope with the one of the contract which is to be ended. Depending of the nature of the service/product which form the scope of the contract and depending of its value, it is to be set the procedure which is to be followed and implicitly, in this way, it is to be avoided the situation where the activity of the public institution should be stopped assuring the continuity. In these conditions, the exception stipulated for the situations which were not included in the annual programme of public procurements, is not to be applied.

      Author(s): Bogdan Parvu


The expropriation procedure in Romania
Review Economy and Public Administration no. 7, July 2008

The expropriation procedure intervenes only when the parties - the expropriator and the expropriated can't convene another possibility for transmitting the immovable. If the parties settle by agreement that the transfer of the immovable good should take place through a different legal operation (sale, donation, exchange) they must respect all of the validity terms as well as the publicity conditions provided by the law for the legal deed.

      Author(s): Bogdan Parvu


The supervision of the possibilities to award the public procurement contracts by the ANRMAP
Review

According to the legal applicable provisions for the activity of the controlling body within the ANRMAP having competence in public procurement consists in applying preventive measures for stopping or diminishing the effects from breaking the incident legal provisions – the assumed measures by which it can be prevented, stopped or diminished the effects produced by breaking or avoiding the legal provisions.

      Author(s): Bogdan Parvu


The merger of companies
Review Economy Tribune no. 30, 30 July 2008 and no. 31, 6 August 2008

Considering that the share holdings come in different categories through a merger it is assumed that the situation of these share holdings is modified implicitly. Given this fact the extraordinary general shareholders’ meeting decision about the merger is under the vote depending on the share types. Therefore this decision is not effective unless it receives an approval from the special shareholders’ meeting of that category.

      Author(s): Bogdan Parvu


Amortization of the affected capital
Review Economy and Public Administration no. 6, June 2008

The redeemable amount of an element of tangible immobilization must be assigned systematically throughout the practical lifetime of the assets. The amortization method used must reflect how the economical benefits provided by these assets are spent by the company. The amortized value appropriate for each period must be acknowledged as an expense aside from when it is included in the accounting value of another active.

      Author(s): Bogdan Parvu


Framework agreement. Is adding quantities possible?
Consulting Review no. 4, June 2008

Being a relatively long period of applicability of the framework agreement in which the authorities can work with designated operators without having to organize new procedures in the legislation in force on public acquisitions is expressly provided that public authorities have no right to use abusively or unfit/improper the framework agreement so as to prevent, restrict/limit or distort competition.

      Author(s): Bogdan Parvu


Authorities and business enterprises Participants in public procurement procedures
Review Economy Tribune no 19, 14 May 2008

As part of the provisions regarding each procedure (less for the open auction) it is stipulated that there must be at least 3 tenderers. In case that this number is not respected the contracting authority can cancel the procedure.

      Author(s): Bogdan Parvu


Diminishing of the associates number, as a result of misunderstandings regarding to the company business
Tribuna Economica - no. 18, 7 May 2008



      Author(s): Cristian - Bogdan Parvu


Electronic auctions
Review Economy and Public Administration no. 5, May 2008

Before launching an electronic auction the contracting authority is obliged to carry out a full initial estimation of all bids in accordance with the assigning criteria established in the documentation. After performing the evaluation authority is obliged to invite all tenderers who have submitted bids to present new prices and/or, where appropriate, new values of the elements of supply.

      Author(s): Bogdan Parvu


Diminishing of the associates number, as a result of misunderstandings regarding to the company business
Tribuna Economica 27, 30 April 2008



      Author(s): Cristian Bogdan Parvu


Practical Study regarding to the access of European Funds
Economy and Domestic Administration 4, April 2008



      Author(s): Cristian - Bogdan Parvu


Concession of the Public Services and Works
Economy and Domestic Administration 4, April 2008



      Author(s): Cristian - Bogdan Parvu


Public Procurement - potential prejudices caused by law permisivity
Tribuna Economica - no. 13, 2 April 2008



      Author(s): Cristian - Bogdan Parvu


Changes in the agreement frame
Consulting review April 2008



      Author(s): Cristian - Bogdan Parvu


Technical terms in the Tender Book
Consulting review April 2008



      Author(s): Cristian - Bogdan Parvu


Public Procurement Guide -
Economie si Administratie Locala - no 3, March 2008



      Author(s): Cristian Bogdan Parvu


How we observe the deadlines of Public Procurement?
Consulting review, March 2008



      Author(s): Cristian - Bogdan Parvu
Link


Public Procurement - estimated value, lower than the offer
Consulting review, March 2008



      Author(s): Cristian - Bogdan Parvu
Link


Public Procurement Guide
Economy and Domestic Administration 2, February 2008



      Author(s): Cristian - Bogdan Parvu


Projects financed by European Funds
Economy and Domestic Administration 3, 23 January 2008



      Author(s): Cristian - Bogdan Parvu


Approval of prefinanncing in the frame of the projects financially financed by European Funds
Tribuna Economica - no. 2, 16 January 2008



      Author(s): Cristian- Bogdan Parvu


Public Procurement - punishmemt contraventions made by management authorities
Tribuna Economica no. 51 - 52, 19 - 26 December 2007



      Author(s): Cristian - Bogdan Parvu


Public Procurement - concluding of the contracts without the notice of the publication
Tribuna Economica no. 50, 12 December 2007



      Author(s): Cristian - Bogdan Parvu


Structural Funds - Terms for eligibility
Tribuna Economica no. 49, 5 December 2007



      Author(s): Cristian - Bogdan Parvu


Environment Agreement and enviromment authorisations (2)
Tribuna Economica no. 47, 21 November 2007



      Author(s): Cristian - Bogdan Parvu


Environment Agreement and enviromment authorisations (1)
Tribuna Economica 46, 14 November 2007



      Author(s): Cristian - Bogdan Parvu


Award of Public Procurement Contracts - significant changes
Tribuna Economica no. 45, 7 November 2007



      Author(s): Cristian Bogdan Parvu


Preparation of the Development Strategies by the Administrative Authorities
www.administratie.ro



      Author(s): Cristian - Bogdan Parvu


Competition in the frame of European politics
Tribuna economica nr. 45, 7 November 2007



      Author(s): Elena Jipa


Impact study on environment
Tribuna Economica. 41, 10 October 2007



      Author(s): Cristian - Bogdan Parvu


VAT for companies from public sector
Tribuna Economica 41, 10 October 2007



      Author(s): Cristian - Bogdan Parvu


Extension of a public procurement contract
Tribuna Economica 41, 10 October 2007



      Author(s): Bogdan Parvu


The Right to a healthy environment
Tribuna Economica 39, 26 September 2007



      Author(s): Cristian - Bogdan Parvu
Link


European Funds - Major Objective for Domestic Authorities
Economy and Domestic Administration 9, September 2007



      Author(s): Cristian - Bogdan Parvu


The Public Procurement, dynamic - legislated, but not applied
Tribuna Economica 36, 5 September 2007



      Author(s): Bogdan Parvu
Link


Preparation of the Development Strategies by the administrative authorities
Economy and Domestic Administration 8, August 2007



      Author(s): Bogdan Parvu


Projects cofinanced by European Funds in rural areas
Tribuna Economica, 29 August 2007



      Author(s): Bogdan Parvu


Feasibility Studies in the frame of Projects cofinanced by Structural Funds
Tribuna Economica 34, 22 August 2007



      Author(s): Bogdan Parvu


Initiatives of the economic operators
Tribuna Economica nr. 33, 15 august 2007



      Author(s): Bogdan Parvu


The set up procedure of associations
Tribuna Economica 28, 11 July 2007



      Author(s): Bogdan Parvu


Lawyer or legal counselor role in the frame of public procurement procedure
Economy and Domestic Administration 7, July 2007



      Author(s): Bogdan Parvu


Preparation of the Development Strategies
Tribuna Economica 27, 4 July 2007



      Author(s): Bogdan Parvu


Public Procurement Procedures
Economy and Domestic Administration 6, June 2007



      Author(s): Bogdan Parvu


Access to Structural Funds - Opportunies for SME's
Tribuna Economica, nr. 23/2007



Link


Direct Procurement
Economy and Domestic Administration no. 5, May 2007



      Author(s): Bogdan Parvu


Foreign investment framework in Romania related to real estate aquisition
Tribuna Economica no. 12/2007



      Author(s): Theodor Vladoianu
Link


Review of the provisions in force on Public Aquisitons
Economy and Domestic Administration no. 3, March 2007



      Author(s): Bogdan Parvu
Link


Structural Funds to support the domestic administration and communities
Economy and Domestic Administration no. 2, February 2007



      Author(s): Bogdan Parvu
Link


Programm of Structural Funds in Romania
Economy and Domestic Administration no. 3, March 2007



      Author(s): Theodor Vladoianu
Link


Monopoly
Tribuna Economica no. 11/2007

Even for Romania, the Competition Law does not anymore represent a European illusion with a North-American taste. It surely became a challenging reality for many of the undertakings and a well-worthy protection for the consumers. Microsoft or Coca Cola, Lufthansa or Wrigley, are companies which went through the Caudine Forks of the competition authorities, being them national or European. The tremendous notoriety of the investigated undertakings and the potential of negative advertising, the remarkable impact over the consumers, and not the least for sure the high-fining system, represent just a few of the reasons why a good Competition Law knowledge is required for each and every entrepreneur.

      Author(s): Elena Jipa
Link


Structural Instruments alocated to Romania in 2007 -2013
Tribuna Economica no. 11/2007



      Author(s): Theodor Vladoianu
Link


Pre-adhesion Funds and Structural Funds
Business Digest no. 3/18.07.2006



      Author(s): Cristian - Bogdan Parvu
Link


Romanian Economy Integration in European Union Market General image on Structural Funds issue
The Guardian, no. 1204, 18 May 2006



      Author(s): Iuliana Minca - Doina Hahui contribution
Link


Competition Audit
Saptamana Financiara no. 50, 27 February 2006



      Author(s): Monica Cercelescu - Mihaela Ion contribution
Link


Legal Limits of the Distribution Agreements
Saptamana Financiara nr. 45, 23 January 2006

Distribution Agreements concluded between supplier and distributor may include provisions which according to the law, constitutes "vertical agreements". These are agreements or concerted practices between two or more companies, in the frame of production - distribution chain and are referring to the conditions in which the parties may sell or resell certain goods or services. In certain conditions, vertical agreements may produce positive effects on companies and final consumers on the market. But in other conditions these agreements may affect negatively the market.

      Author(s): Monica Cercelescu - Mihaela Ion contribution
Link


Repairing, replacement and counter value of the goods in guarantee
Saptamana Financiara nr. 44, 16 January 2006

The facilities given by the companies to customers for buying the hard - goods, as electronics, appliance or cars, increased noticeably the volume of such kind of goods bought on Romanian market. Considerable financial effort made by the customers to purchasing these goods imposes to the companies the observance of some obligations requested by the law.

      Author(s): Monica Cercelescu - Catalin Micu contribution
Link


Anti freezing products mist over the glasses of Ministry of Economy and Trade and freeze the relations with European Union
Saptamana Financiara nr. 42, 19 December 2005

In the profit fever, the majority of the manufacturers do not respect the legal provisions regarding to the safety and resistance of the goods during handling. This prime issue and also inconsistency of those designated to observe the law and paid from public money jeopardises the Romanian customers.

      Author(s): Titus Somesan - Mihaela Ion contribution
Link


Federative Romanian Republic
Saptamana Financiara nr. 42, 19 December 2005

Local autonomy is a concept, which on mioritic lands, merged into the concept of state into state. We have chosen as a study case the way of the maintenance debts are recovered, those accumulated by the owners associations to the utilities suppliers - drinking and hot water, sewing and heating. We found out how the things are managed in Bucharest and other twelve significant towns. The result was hallucinatory: it is the jungle law, each one does in his own way, some better, some worse..

      Author(s): Cristina Dobre, Robert Veress - Doina Hahui contribution
Link


Competion in Europe
Competition and Competitiveness Days in Romania, Event organised by CEFTAC Platform, coordinated by EUROLINK – House of Europe



      Author(s): Doina Hahui, Mihaela Ion, Elena Balan, Denis Minca, Roxana Gheorghiu


Sell shares. Waiting for the lawyer!
Saptamana Financiara no. 31, 3 October 2005

Property right transfer upon shares represents at first glance a facile matter but a great number of implications and complications might occur in connected fields, taking into account that laws aim at establishing special conditions for each category of actions.

      Author(s): Monica Cercelescu - Mihaela Ion contribution
Link


EU Accession jeopardizes some Romanian Trademarks
Saptamana Financiara no. 29, 19 September 2005

According to Treaty of Accession to EU, in the integration moment, community trademarks holders will benefit a protection to be automatically extended over new member states territory. In this situation, if trademarks registered in Romania are identical or similar to the community ones registered for identical or similar products, solution should be found to solve this problem, as these trademarks will not coexist without previous agreement of the holders.

      Author(s): Monica Cercelescu - Elena Balan contribution
Link


Regulations to contracts concluded through e-mail or Internet
Saptamana Financiara no. 26, 29 August 2005

Despite all the legal instruments we have been provided with so that contracts in electronic format could be rapidly concluded at minimal prices, paper monopoly still overweighs in concluding contracts of any kind. Barely are there any messages bearing electronic signature seal and, what is more, Public Notary concept can be found just in normative acts.

      Author(s): Monica Cercelescu & Mihaela Ion contribution
Link


Franchise through Antitrust Legislation
Saptamana Financiara no. 23, 8 August 2005

Forecasts regarding franchise market in Romania are optimistic. The franchise number has rapidly increased in the last two years, and specialists estimate a 35% increase for this year. Like any other “taken for granted” business, franchise has not only a lot of advantages, but also disadvantages and juridical risks.

      Author(s): Monica Cercelescu & Mihaela Ion contribution
Link


Competition Council Decision made upon petitions/complaints to be claim an anti-competition practice. Comparison with European Community Law
CEE Forum - 28 June 2005



      Author(s): Doina Hahui
Link


Legislative people tell crazy things
Saptamana Financiara no. 24, 15 August 2005

Rushing for European Union integration, Romanian legislative have put emphasis on regulation quantity not quality. A great number of laws contain puzzling provisions generated by the translation errors of European norms or worse, a lack of Romanian grammar knowledge.

      Author(s): Monica Cercelescu & Mihaela Ion contribution
Link


Leadership position abuse, dominant within Competition Council
Saptamana Financiara no. 15, 13 June 2005

Competition Council has recently issued an order on declared purpose of encouraging citizens and economic companies to address their problems, as authorized public authority, in order to claim any possible breaking of the competition law regulations. The problem is that, through the same order, the Council urges citizens to spare of claims and consequently to submit their petitions to courts, as they could be better-represented. But, according to Competition Law, you can reach the courts only after passing over the Council.

      Author(s): Monica Cercelescu - Doina Hahui contribution
Link


Liberal professions advertising, dispute topic
Saptamana Financiara no. 13, 30 May 2005

One of the most controversial topics regarding liberal professions is advertising. The legislation bans advertising lawyers, doctors, accountants, auditors and other practitioners of such business activity, claiming that such “limelight “appearances would harm both competition and confidential relationship they have with their clients. In these business fields there are groups pro and con professional advertising.

      Author(s): Monica Cercelescu & Doina Hahui contribution
Link


Free access to justice obstructed by Competition Law
Saptamana Financiara no. 15, 13 June 2005

Recent alterations brought to Competition Law allow providing solutions for claims addressed to Competition Council only through written forms which, as it does not represent juridical administrative act according to law, namely a decision, can not be further attacked in court.

      Author(s): Monica Cercelescu - Doina Hahui contribution
Link