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CHALLENGES IN UNDERSTANDING HOW TO IDENTIFY THE PUBLIC DOMAIN AND THE PUBLIC CONTRACTS
Abstract
The paper analyses the juridical issues that are met in practice regarding the goods that must be included in the public domain, due to their special features. For identifying those goods, it is necessary to establish some criteria which have to be applied by the public administrative authorities that are empowered by the law to decide about the sphere of the public domain. This is also related to the comparison between public and private domain in Administrative Law and to the presentation of the enforce European and national regulations. On the other hand, regarding the nature of public contracts, we try to emphases also certain deficiencies that are presented in the juridical practice. The delimitation between civil and public contracts is important in order to know how is the best way to protect the public interest and to spend public money. The differences generated from the specific of national law of EU member states and the correct transposition of European regulations are special aspects that must be analyzed for completing the shaping of these juridical institutions, by presenting some relevant practical cases on European and national level. The Romanian Administrative Code exemplifies the types of public goods as included in the public domain of national and local importance. But what about the natural resources is there a precise regulation on the Constitutional level that includes them in the public domain? What types of public contracts can be concluded and how we must delimitate them from the civil contracts? The paper tries to highlight these aspects and also determine some solutions in doing so.
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References10
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