AbstractIn order to understand the principles of public procurement in Romania, it is necessary to analyze, on the one hand, the European directives that regulate the actual public procurement and, on the other hand, the context in which the European directives were adopted. Even with the directives in force, the more general provisions contained in the Treaty of the European Economic Community (EEC) in Rome, hereinafter referred to as the Treaty, are applied, as well as many more general principles of law that will guide the interpretation of these directives. The Treaty was adopted in Rome, in 1957 and became applicable from January 1, 1958. It is considered that the source of the principles of public procurement is the Treaty. Even if in Treaty contained no specific provisions regarding the field of public procurement, it reflects the principles and the general framework for the functioning of the single market, a market characterized through the prism of the fundamental freedoms established by the Treaty: the free movement of goods, services, capital and persons. As the field of public procurement is closely linked to the free movement of goods, this principle is promoted and implemented in the practice of this field based on the regulations, directives and decisions of the Community institutions. The role of the free movement of goods is to harmonize the relationships involved in the process of purchasing goods, but also to ensure the homogeneity, coherence and balance of this process.
Free movement of goods in the European Community: A critique of the jurisprudence on Article 30 of the Treaty of Rome
