• Vornicu, R. ´Procurement Damages in the UK and France – Why So Different? journal article Revisiting the Issue in Light of the Fosen-Linjen Saga´, European Procurement and Public Private Partnership review (EPPPL), Special Issue on the Legal Remedies and Implications from the Fosen-Linjen Case

Abstract: This article examines the criteria for the recovery of damages for illegal procurement decisions in the UK and France. The focal point of this analysis is the gravity threshold of the breach. There is a clear difference in approach in these two jurisdictions: whilst a simple breach of law is sufficient to trigger liability in France, in the UK, a 2017 Supreme Court ruling established that a sufficiently serious breach needs to be proven. This discrepancy has many explanations; inter alia the traditional Anglo-French disparity when it comes to general rules on liability of public bodies or the fact that the French legal culture is generally more contentious than the English. In this paper I reflect on these differences and analyse the conditions for triggering liability in each country. Finally, I make some reflections on how these differences of approach might impact the effectiveness of the remedy. Keywords: Liability; Damages; Comparative law; Comparative administrative liability; Sufficiently serious breach; Simple breach; Causation; Effectiveness; Private enforcement; Public enforcement. Link and Picture here 

• Vornicu, R. ´The Sufficiently Serious Breach Test in Action. Damages in Procurement Law and a Tale of Three Courts: the CJEU, the UK Supreme Court and the EFTA Court.

Abstract:   This article reflects on the conditions to trigger liability of contracting authorities for breach of public procurement rules and examines whether public procurement damages should be categorized as a particularization of the principle of Member State liability or as a special remedy for breach of procurement rules. The article focuses on two controversial decisions, one rendered by the UK Supreme Court and the other by the EFTA Court which reached opposite conclusions as regards the nature of this remedy and the conditions to trigger liability, the controversy being whether the Francovich condition of a ‘sufficiently serious breach’ should be satisfied when triggering liability for illegal award decisions or not. The article reflects on the reasons that led to this opposing interpretation of the remedy of damages, describe theCourt of Justice of the European Union’s case law on damages and discuss why, in the procurement law arena, the ‘sufficiently serious breach’ was seen as incompatible with strict liability. After demonstrating that there is no such incompatibility, I argue that the lack of clarity regarding the conditions for making good procurement damages are not related to the subjective factor, but rather to the effectiveness benchmark for the remedy and its position within the architecture of the Remedies Directive. Link here

• Vornicu R. ´Tendencies and Developments in Romanian Administrative Law´, in J.B. Auby, Le futur du Droit Administratif, Sous la direction de Jean-Bernard Auby, avec la collaboration d’Émilie Chevalier et Emmanuel Slautsky,  co-authored with D.C. Dragos, LexisNexis, 2019.

Abstract: This book is the result of the symposium that, on 21 and 22 lune 2018, accompanied the closure of the «Mutations de l’Action Publique et du Droit Public» Chair of Sciences Po Paris. If was decided to devote to the «Future of Administrative Law» the final point of this twelve-year experience, during which the Chair endeavoured to open up French administrative legal scholarship to external inputs and to analyse the major developments affecting administrative laws in these times of profound transformation of the instruments of public action. With authors coming from a diversity of national backgrounds, the contributions review these developments and consider those that are emerging for the future in the light of current tensions and changes (digital, budgetary constraints), with the hope of identifying some ideas on the future of administrative law that could be useful for academic analysis and beyond, perhaps, for the public debate. Link here

• Vornicu, R., ´Protecting the environment in investor state disputes: comparative administrative law as a source for the proportionality test´ in press with Cambridge University Press in a collective volume titled Engaging with domestic law in international adjudication (in press)
• Vornicu, R., ‘The implementation of the Concession Directive in Romania’, published with Munus Rivista giuridica dei servizi pubblici, vol. 3/2018.
• Vornicu, R, ´Administrative liability in Romania´, in a collective volume published with Oxford University Press edited by Giacinto della Cananea & Roberto Caranta (in press)
• Vornicu, R. Deepening the European rule of law crisis: Romania in the footsteps of Hungary and Poland. From values to law, in search of solutions, co-authored with D. C. Dragos. Currently under review.
• Vornicu, R., ´Protecting the environment in investor state disputes: comparative administrative law as a source for the proportionality test´ in press with Cambridge University Press in a collective volume titled Engaging with domestic law in international adjudication (in press)
• Vornicu, R., ‘The implementation of the Concession Directive in Romania’, published with Munus Rivista giuridica dei servizi pubblici, vol. 3/2018.
• Vornicu, R, ´Administrative liability in Romania´, in a collective volume published with Oxford University Press edited by Giacinto della Cananea & Roberto Caranta (in press)
• Vornicu R. ´Tendencies and Developments in Romanian Administrative Law´, in J.B. Auby, Le futur du Droit Administratif, Sous la direction de Jean-Bernard Auby, avec la collaboration d’Émilie Chevalier et Emmanuel Slautsky,  co-authored with D.C. Dragos, LexisNexis, 2019.
• Vornicu, R., The sufficiently serious breach test in Action for Damages in Public Procurement Law and a tale of three courts: The CJEU, The UK Supreme Court and the EFTA court, in press, European Public Law Journal, vol. IV/ 2019.
• Vornicu, R., Contractul de concesiune reglementat de Directiva 2014/23/UE. Intre crearea si transformarea  contractului de concesiune in dreptul intern’, Romanian Journal of EU Law, Vol. 2/2017.
• Vornicu, R., Public Procurement below thresholds in the European Union: EU law Principles and national responses, EPPPL, (European Procurement and Public Private Partnership Law Review), 187, 2015, Co-authored with Dacian Dragos.
• Vornicu, R., Regimul aplicabil contractelor de Achizitii Publice ce nu intra sub incidenta derectivelor uniunii europene o perspective comparata(Public Procurement below the Threshold. A comparative Analysis), Revista Romana de Drept European (Romanian Journal of EU Law), 2015, Co-authored with Dacian Dragos.
• Vornicu, R., Sinteza teoretice de practice judecatoreasca a Curtii de Justitie a Uniunii Europene in legatura cu Daunele – interese pentru repararea prejudiciilor cauzata on cadrul procedurii de atribuirii a contractelor de achizitii publice (A theoretical Analysis of the CJEU case law on damages for breach of procurement rules), Revista Dreptul (The Rule of Law Journal), 2015, Co-authored with Dacian Dragos.
• Vornicu, R., (2016), The rules on Performance of the Concession Contracts under the 2014 Concession Directive and the Triangle of Rights. A brief Dialectic, EPPPL 2/2016 (Vol. 11).
• Vornicu, R. Outsourcing and Public Bodies. Rules and Principles drawn by the European Court of Justice, conference paper presented during the event hosted by the Bolzano Bar Association together with the Free University of Bolzano, Bolzano, March 2013.
• Vornicu, R., BIM and public procurement law. Friends or foes? LinkedIn Article.