Faculty of Public Administration

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Browsing Faculty of Public Administration by Subject "Administrative contracts"

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    Alternative Dispute Resolution in Public Procurement Contracts - Administrative Law Boundaries
    (Bibliotheca Târgovişte, 2018-11) Cărăușan, Mihaela Victorița
    The article discuss the developments in the field of alternative dispute resolution in construction contracts. The area attracting the attention is the debate over the use of alternative or statutory dispute resolutions in construction contracts. This article explores the new legal grounds of arbitration in the Romanian administrative construction contract. Because of the lack of quantitative data the research methodology was based on the qualitative ones and we reviewed the literature on construction contracts, the Romanian legal framework and the Constitutional Court Decisions, and the good practices in the field of alternative dispute resolution mechanisms. Finally, by taking into account the barriers of the Romanian administrative and legal systems we discuss the insufficiencies of using arbitration in administrative contracts. This paper first provides an overview of dispute-resolution methods that can be used within public construction contracts. Then reviews the possibility to use arbitration method in administrative contracts. In the end, the paper summarizes and concludes with a direction for further research and development.
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    Alternative Dispute Resolutions Within Administrative Contracts: Attributes and Enforcements
    (Universul Juridic Publishing House, 2018) Cărăușan, Mihaela Victorița
    This study provides an overview of the attributes of the alternative dispute resolutions (ADRs), and attempts to address the missing information about the use of these methods in Romania. Particular attention is given to the arguments that take a dispute out of the court. ADR schemes are known as out-of court mechanisms, which have been developed across Europe to reach a peaceful agreement. ADR schemes usually use a third party such as an arbitrator, mediator or conciliator, negotiator to help the parties to reach an amicable settlement. The advantages of ADR schemes are that they offer more flexibility; they are cheaper, quicker and more informal than the court. Within the world based on the country development, legal culture and traditions, business environment, and other factors ADR techniques have evolved differently in each one of them, even in the countries which are member of the same legal family. This article defines the basic ADR traits and reviews the theory, history, controversies, and future of alternative dispute resolution processes in administrative contracts.