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Confidentiality clauses of big public acquisition contracts brought to court

27 octombrie 2009

Information in English

The Romanian Academic Society (SAR) started several lawsuits claiming violations of the legal provisions on the public acquisitions and groundless restrictions of the access to information.

Taken to court are the State Assets Realization Authority (AVAS), the National Agency for Mineral Resources (ANRM), Metrorex, EximBank Romania, the city hall of Bucharest 1st district and that of Constanta Municipality.
Through these trials, SAR wants to set up legal precedents and to clarify, which has the obligation to supply public information and to establish to which extent a public entity may accept the request by the contractors/the associates to introduce confidentiality clauses in the agreements.

SAR move is part in a project financed through the PHARE programme and it will become operational through the project named ‘Public Money and Private Interest. An Assessment of the efficiency, the integrity and the transparency of the public acquisition system in Romania.’ This will be presented on Friday along with several recommendations of public policies resulted from the analysis of the cases the report includes.

Two weeks ago, when it was presented the Report ‘Single market, National market: Competition policy in key sectors, drawn up by the Council of Competition, in close cooperation with SAR, the Academy’s Research Manager Sorin Ionita announced that ‘the civil society made preparations to initiate legal actions to declassify the big contracts, which are accepted as confidential, by tradition, in Romania, although they have never been classified, in compliance with the law.’

Referring to the competition problems, the report found in the leasing sector, SAR director stressed that the legal cases are aimed at clarifying this market and finally see what is, what must remain confidential, and what not.

 

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