Emergency Ordinance no. 34/2006 redesigns the contention settlement system, the novelty element being the establishment of the National Contention Settlement Council – NCSC. The NCSC is an independent body, which carries out an administrative-jurisdictional activity and is formed of 21 contention settlement counselors. Any person that considers that one of his/her rights or legitimate interests has been injured by an act of the contracting authority, in breach of the legal provisions in the field of public acquisitions, is entitled to contesting the respective act either by an administrative-jurisdictional action, or before justice. The compensation is requested solely by way of a legal action before justice, in accordance with the provisions of Law no. 554/2004 on administrative claims. An important advantage created by the new procedure for the settlement of contentions is the rightful suspension of the assignment procedure until the date of settlement of the contention by the Council. Furthermore, the contract concluded during the period for the suspension of the assignment procedure is deemed completely null.
