Țuca Zbârcea & Asociații | PRACTICE AREAS

Regulatory Legal Services

While gaining in-depth knowledge in various fields of law, our lawyers have also developed unparalleled expertise in providing regulatory legal services to our clients.

Our Services

drafting, reviewing and proposing amendments to legal or regulatory enactments in a variety of areas, such as public procurement, long-term concession, telecommunications, energy, capital markets, etc.

survey, identification of key-issues, review of EU jurisprudence in various fields, with a view to providing legal advice for harmonising the Romanian regulatory framework with EU legislation and guidelines.

Client Highlights

Legal assistance for transposing in Romanian law the Directive 2014/24/EU of the European Parliament and of the Council on public procurement and repealing Directive 2004/18/EC. We prepared the draft Public Procurement Law transposing the provisions of Directive 2014/24/EU of 26 February 2014, and the draft of secondary legislation for implementing the Public Procurement Law, we carried out national public consultations with the contracting authorities and other stakeholders, and prepared amendments to draft legislation on the basis of comments and opinions received during the public consultation process.
Drafting the primary and secondary legislation referring to setting up a central purchasing body in the field of public procurement.
Acting as part of a project aimed at preparing a Project Management Plan for the construction of three regional hospitals in Romania, our lawyers prepared the draft legislation on the establishment of a project management entity.
Legal assistance for drafting amendments to the Law No. 220/2008 for establishing the promotion system for producing energy from renewable energy sources; our mandate also included participation to discussions with the members of a specialised commission of the Chamber of Deputies of the Romanian Parliament.
Advising on the implementation of energy performance contracts (EnPCs) in the Romanian public sector and with respect to the opening of the Romanian market of EnPCs for energy service companies (ESCOs), as part of EBRD’s “Energy Efficiency in the Public Sector” Program. Our services included, inter alia, the preparation of a comprehensive legal analysis on the legislative and regulatory framework pertaining to EnPCs, and drafting of proposals for the improvement of the applicable legal framework, drafting a model EnPC, drafting the relevant public procurement documentation and assisting the municipalities in launching the tenders for the award of the EnPCs.
Legal advice in connection with the establishment of a derivatives market and prepared the draft rules for its operation.
Legal assistance in drafting of various capital market regulations, specifically for implementing international trading standards; inter alia, we have assisted in the drafting of the rules and regulations permitting the trading of securities without pre-validation, risk management procedures, operation of market makers, operation of omnibus accounts system.
Legal assistance in connection with Erste Bank’s listing on the Bucharest Stock Exchange Market (BVB) in accordance with (then recently enacted, both at EU and local level) regulations on cross-border listings. Our team has assisted in connection with the drafting and implementing of the legal framework required for cross-border securities settlement and trade as well as for establishing matching trading and compliance requirements.
Acting as leader of the consortium selected to provide advice for the project “Technical Assistance for the Preparation of the enforcement of the New Civil Code, New Criminal Code, New Civil Procedure Code and New Criminal Procedure Code”, our lawyers coordinated an assessment of the New Codes impact on the Romanian legal system from institutional, human resources, fiscal and economic perspectives. Our services include an in-depth analysis of the New Codes by comparison with the regulations in force, identifying and assessing their expected impact on the Romanian legal system, consulting with other legal practitioners and drafting proposals on additional regulatory provisions.
Assisting the authority in identifying legal options available for the Romanian state to establish a system of legal cooperation for addressing the needs for legal advice and representation of the Romanian citizens living in Italy. Our role consisted in drafting the legal framework for the establishment of the legal cooperation between the Romanian Ministry of Justice and an Italian legal services provider.
Legal assistance in the preparation of a draft enactment establishing specific construction permitting procedures for telecommunication infrastructure, including research on similar provisions applied by EU countries.
Legal assistance in relation to a legislative initiative to regulate personal insolvency in Romania (a local first), for the purpose of identifying its impact on the banking industry. Inter alia, we prepared a set of amendments to the draft law proposed to be adopted in Romania and participated to debates organized by the specialized commission of the Romanian Parliament (Senate).

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