PRINCIPLES OF PUBLIC PROCUREMENT IN THE CONTEXT OF THE REFORM OF THE LEGAL FRAMEWORK: INSTRUMENTS OF INTEGRITY AND RISK CONTROL

Abstract

The paper examines the legal regime of the principles governing public procurement in the context of the reform of the regulatory framework in the Republic of Moldova, with reference to Law No. 131/2015 and Law No. 325/2025. The analysis proceeds from the premise that the principles do not constitute mere normative provisions of a general nature and are not solely declarative in value but rather represent genuine legal standards with a direct function of guiding and constraining the conduct of contracting authorities. The comparative approach highlights the shift from an extensive regulation, characterized by a detailed enumeration of principles, to a more concise framework in which equal treatment, non-discrimination, transparency, and proportionality assume a central and directly applicable role.
A key element of novelty is the explicit prohibition of the artificial restriction of competition, along with the strengthened obligation to comply with environmental, social, and labor rules in the performance of public procurement contracts. These developments enhance the preventive function of the principles and their role in ensuring integrity and reducing risks of abuse, favoritism, and inefficient use of public funds.
At the same time, the reduction in the number of declarative principles entails certain risks. Normative simplification may lead to interpretative challenges and uneven application, particularly in the absence of explicit references to previously established principles, such as the efficient use of public funds or accountability. 
In this context, the effectiveness of the new regulation depends on the development of coherent administrative and judicial practice. In conclusion, the legislative reform strengthens the role of principles as practical normative benchmarks, while requiring additional mechanisms of clarification and application in order to prevent risks arising from their condensed formulation.