At the 21st edition of the International Conference on Public Administration and Management, organised by the Bucharest University of Economic Studies (ASE) on 24th October 2025, Eugen Sarbu, Partner at Sarbu Partners, presented, together with Dr. Ana-Mădălina Bîgu, Vice-Dean of the Faculty of Public Administration and Management, a paper on the Principle Of Equal Treatment in public Procurement Procedures.
Equal Treatment – A Fundamental Principle in Public Procurement
In his presentation, Eugen Sarbu highlighted the essential role that the Principle of Equal Treatment plays in ensuring fairness, transparency, and non-discrimination in public procurement procedures.
Referring to European legislation and the relevant case law of the Court of Justice of the European Union (CJEU), Eugen emphasized how the principle functions both as a legal standard and as a practical tool of protection for contracting authorities and bidders.
The presentation addressed the dual nature of the principle, both formal and substantive, stressing that contracting authorities must treat comparable situations similarly, and any difference in treatment must be objectively justified, relevant, and proportionate.
Application of the Principle in the Stages of the Public Procurement Procedure
During his presentation, Eugen underlined how the principle of equal treatment manifests and is applied at each stage of a public procurement procedure:
- Preparation of the Award Documentation – the obligation of contracting authorities to establish qualification, selection, and award criteria that are objective, proportionate, and applied uniformly to all bidders; the importance of providing the Award Documentation and clarifications to all economic operators; and the consequences of failing to comply with these obligations, which can even lead to the annulment of the award procedure.
- Evaluation Stage – strict adherence to the criteria established by the Contracting Authority in the Award Documentation and the prohibition of changing the evaluation method during the assessment. Regarding requests for clarifications and responses to them, the presentation addressed the delicate distinction between clarifications and negotiations, highlighting the risks of unequal treatment and the obligation to avoid any modification of the substance of the bid.
- Award Decision Stage – the obligation to justify contract award decisions and to respect the statutory standstill period; regarding remedies, the existence of effective challenge mechanisms in accordance with European provisions was highlighted.
Equal Treatment and Operators from Third Countries
An important part of the discussion focused on the applicability of the principle of equal treatment in public procurement procedures involving economic operators from outside the European Union.
Eugen Sarbu emphasised that, although the direct applicability of the equal treatment principle may vary, contracting authorities must maintain standards of fairness, objectivity, and transparency, ensuring predictable and coherent procedures.
Conclusions
The presentation provided participants with a comprehensive perspective on the role of the principle of equal treatment as an essential pillar of public procurement law, both at the European and national level, demonstrating the importance of transparent, predictable, and well-documented procedures for both authorities and bidders.
The dialogue with Vice-Dean Ana-Mădălina Bîgu added academic value to the presentation, giving it a multidisciplinary dimension.
Sarbu Partners’ Expertise in Public Procurement
With significant experience in public procurement, construction law, and international arbitration, the Sarbu Partners team offers clients full legal services at all stages of a public procurement procedure and related processes. Our services include:
- Legal advice in the preparation of bids;
- Representation before the CNSC (National Council for Solving Complaints) and courts in appeals related to public procurement;
- Representation in disputes or arbitrations arising in the execution of public procurement contracts.
Contact
For legal services tailored to your needs, the Sarbu Partners team is at your disposal at office@sarbupartners.ro.
