Moldova will regulate dispute resolution in the field of public procurement by a new law, introduce effective mechanisms for protecting rights in the field of public procurement, and optimize process of reviewing complaints
Specifically, this is provided for in the draft law on legal remedies and the procedure for appealing in procedures for awarding public procurement contracts, sectoral procurement contracts, and concession contracts, passed by parliament in the second reading. The document was developed by the Ministry of Finance and is part of Moldova's National Plan for Accession to the European Union and implements certain European directives into national legislation. The authors note that the legislative initiative aims to ensure a robust and consistent regulatory framework containing provisions applicable to all areas of competence. It also aims to standardize practices, increase transparency, and facilitate operators' access to mechanisms for protecting their rights. The document clearly establishes the status of the National Agency for Dispute Resolution and the composition of the commissions for reviewing complaints. The National Agency for Dispute Resolution is the only autonomous public authority that reviews and/or resolves complaints filed in the context of public procurement, sectoral procurement, and concession contract award procedures, and exercises its powers in accordance with the law to ensure an effective complaint resolution mechanism in the field of procurement. The institution itself will be renamed the National Dispute Resolution Authority, and the position of advisor will be renamed member. Thus, the National Dispute Resolution Authority will exercise its powers through dispute resolution panels. The structure of the panels, including the chairpersons, shall be approved by order of the chairperson of the National Dispute Resolution Authority for a fixed term not exceeding one year. The same panel, including the chairperson, may be appointed for no more than two consecutive terms. The examination and resolution of complaints will be carried out in accordance with the principle of random distribution of complaints through an electronic document management information system, in accordance with the procedure established by the regulations on the organization and functioning of the National Dispute Resolution Authority. The document also specifies the duration of complaint review procedures, as the current time limits may be insufficient for a comprehensive analysis of some cases, which may affect the quality of the decisions taken. Thus, an economic operator will be able to file a complaint within 10 days of receiving information about it electronically or within 15 days when using other means of communication. The authors also proposed introducing an 11-day deadline for awarding contracts. In addition, the National Dispute Resolution Authority was required to consider the merits of a complaint concerning a public procurement procedure or the award of an industry contract within 20 days. In the case of concessions for works or services, the deadline is 35 working days. The new legislative provisions will come into force on April 1. // 26.02.2026 – InfoMarket.
