The Romanian Constitutional Court has ruled that the exclusion of an economic operator from a public procurement procedure solely because it is subject to a criminal investigation is unconstitutional. This landmark decision has significant implications for the rights of businesses and highlights the importance of upholding the presumption of innocence and fundamental rights enshrined in the Constitution.
The judges established that such a measure violates the principle of presumption of innocence, an essential tenet of criminal law that ensures no individual can be deemed guilty until proven so by a court of law. Specifically, Article 81, paragraph (4) of Law No. 100/2016 was declared unconstitutional as it allowed for the automatic elimination of a company from the bidding process without the necessity of a final court ruling. This provision had the effect of penalizing operators based solely on suspicion, thus undermining their rights before any judicial determination could be made.
The Court emphasized that mere suspicion should not equate to guilt, and it condemned the practice of penalizing economic operators preemptively. This decision underscored the notion that all firms should be treated equally and justly, affirming that excluding companies without an individual assessment of their circumstances constitutes an inequitable treatment that contravenes European norms.
Moreover, the Court reiterated that the exclusion of firms based on mere allegations, rather than concrete legal findings, is disproportionate. It aligned with European Union guidelines, which stipulate that exclusion from public procurement should occur only in cases where there is a definitive conviction. This principle seeks to ensure fair competition in public procurement and protect the rights of economic participants.
The ruling echoes a similar judgment from 2018 that reinforced the idea that the state cannot exclude companies from public procedures without clear legal justification stemming from a definitive court ruling. By affirming this stance, the Constitutional Court not only protects the interests of operators but also strengthens the integrity of the legal framework governing public procurement in Romania.
This decision could lead to broader implications for public procurement practices in Romania and may encourage a reassessment of existing laws to ensure compliance with constitutional protections. The Court’s commitment to fairness and justice in public procurement procedures is vital for maintaining investor confidence and fostering a competitive environment where businesses can thrive without the fear of arbitrary exclusion.
In conclusion, the Romanian Constitutional Court’s ruling serves as a vital reminder of the legal protections afforded to companies facing criminal investigations. It upholds the principles of fair treatment and due process, ensuring that economic operators are safeguarded against unwarranted exclusions from public procurement based on mere allegations. This decision not only reaffirms the presumption of innocence but also aligns Romania’s legal practices with EU standards, fostering a more equitable framework for public procurement.