In view of the recent plans on RES announced by the EU targeting to reduce the EU’s dependence on fossil fuels from Russia, Romania has made a step forward and enacted some legislative changes. Law no. 18/1991 on the land fund, Emergency Government Ordinance no. 34/2013 on the organisation, management and use of permanent grass land and Law no. 50/1991 on the authorisation of construction works have been temporary amended in view of targeting to shorten and simplify the permitting proceedings applicable for renewable energy projects.
{"title":"Recent legislative amendments regarding construction restrictions for RES projects in Romania","authors":"Simona Guțiu","doi":"10.24818/rclr/2022/7.01","DOIUrl":"https://doi.org/10.24818/rclr/2022/7.01","url":null,"abstract":"In view of the recent plans on RES announced by the EU targeting to reduce the EU’s dependence on fossil fuels from Russia, Romania has made a step forward and enacted some legislative changes. Law no. 18/1991 on the land fund, Emergency Government Ordinance no. 34/2013 on the organisation, management and use of permanent grass land and Law no. 50/1991 on the authorisation of construction works have been temporary amended in view of targeting to shorten and simplify the permitting proceedings applicable for renewable energy projects.","PeriodicalId":516655,"journal":{"name":"Romanian Construction Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139640629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
There is a consensus among various legal systems that professional service providers must perform their duties with reasonable skill and care. However, it has been doubted whether their services must be compatible with the intended purpose of their clients. In the construction industry, the work of building contractors ought to fit the intended purpose of owners, and three theories have been proposed regarding the extension of this obligation to architects. Some believe that architects only bear the “obligation of means”, which only requires efforts to provide a suitable design without guaranteeing a specific result. A few others, however, believe that the architects’ duty is an “obligation of result”, which imposes strict liability on architects to provide a design compatible with the intention of their clients. A third and more fair theory has also been developed that differentiates architects’ obligations based on the type of structure. This article looks into these theories and the reasons behind each of them.
{"title":"Architects’ Fitness for Purpose Obligation: Obligations of Means or Obligations of Result?","authors":"M. S. Jaberi, Esmaeil Karimian","doi":"10.24818/rclr/2022/7.03","DOIUrl":"https://doi.org/10.24818/rclr/2022/7.03","url":null,"abstract":"There is a consensus among various legal systems that professional service providers must perform their duties with reasonable skill and care. However, it has been doubted whether their services must be compatible with the intended purpose of their clients. In the construction industry, the work of building contractors ought to fit the intended purpose of owners, and three theories have been proposed regarding the extension of this obligation to architects. Some believe that architects only bear the “obligation of means”, which only requires efforts to provide a suitable design without guaranteeing a specific result. A few others, however, believe that the architects’ duty is an “obligation of result”, which imposes strict liability on architects to provide a design compatible with the intention of their clients. A third and more fair theory has also been developed that differentiates architects’ obligations based on the type of structure. This article looks into these theories and the reasons behind each of them.","PeriodicalId":516655,"journal":{"name":"Romanian Construction Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140512760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The public procurement landscape in Romania, much like its European counterparts, is governed by stringent directives and principles that strive to ensure transparency, equal treatment, and fairness in awarding contracts. Yet, a notable trend has emerged among contracting authorities in Romania: the establishment of restrictive requirements in tender documentation, particularly concerning construction works contracts. This article, informed by the European and Romanian legal frameworks, delves into these requirements, their implications for potential contractors, and the overarching need to balance specific experience criteria with the broader principles of inclusivity and competition.
{"title":"Considerations on the restrictive nature of certain tender requirements in public procurement procedures for construction works contracts","authors":"Ana-Maria Abrudan, Carolina Mitea","doi":"10.24818/rclr/2022/7.02","DOIUrl":"https://doi.org/10.24818/rclr/2022/7.02","url":null,"abstract":"The public procurement landscape in Romania, much like its European counterparts, is governed by stringent directives and principles that strive to ensure transparency, equal treatment, and fairness in awarding contracts. Yet, a notable trend has emerged among contracting authorities in Romania: the establishment of restrictive requirements in tender documentation, particularly concerning construction works contracts. This article, informed by the European and Romanian legal frameworks, delves into these requirements, their implications for potential contractors, and the overarching need to balance specific experience criteria with the broader principles of inclusivity and competition.","PeriodicalId":516655,"journal":{"name":"Romanian Construction Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139640416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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