Expert-Grup

Position Paper on Introducing a State Fee for Filing Complaints in Public, Sectoral Procurement and Concession Contract Award Procedures

Sectorul financiarTuesday, 17 June 20251805 views
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Resilient CSOs + Responsible Budgeting = Accelerated AA implementation

Automatically translated summary. The full text is available in Romanian.

Serghei Merjan, Director of the Public Sector: Economy, Management and Finance Programme at the Independent Think Tank “Expert-Grup”, has prepared a position paper on the legislative initiative, applicable from 16 June 2025 in the Republic of Moldova, to charge a state fee for filing complaints in public procurement procedures.

From 16 June 2025, economic operators must pay a fee to file complaints in public, sectoral procurement and service and works concession award procedures. The paper argues the aim is political: to cut the number of complaints, notably under the “European Village” and “Europe is Near 2025” programmes.

According to the paper, the bill rested on poorly presented statistics and ignored opinions of the Legal Committee for Appointments and Immunities and the National Anticorrupption Centre, which flagged breaches of the Constitution, EU Directives and international norms, and higher fraud and corruption risks. The Government rejected a similar initiative in 2023. The fee also conflicts with the 2023-2026 national public procurement development programme. The paper assesses effects on access to justice, transparency and competition, and offers recommendations balancing administrative efficiency with the right to challenge unfair procedures. It was supported by the EU and the Friedrich Ebert Foundation.

View the original in Romanian