Reduction of the Scope of Public Contracts During Their Performance
The article titled “Reducing the Scope of Public Contracts During Their Execution,” written by Mihai Băeșu, a teaching assistant at the Faculty of Law of the University of Bucharest and a member of the Bucharest Bar Association, was published in A.U.B.D. – Legal Forum No. 1/2026.
Based on the case law of the Court of Justice of the European Union (CJEU), the public procurement directives and the national transposing legislation provide the criteria for identifying several scenarios in which the modification of a public contract during its performance is permitted. The scenario involving a reduction in the scope of public contracts is not one of the scenarios expressly regulated. As such, in this article, the author analyzes the reduction of the scope of public contracts in contrast to the expressly regulated scenarios for amending public contracts, with the aim of identifying the criteria under which the reduction of the scope of public contracts is permitted during their performance without undergoing a new award procedure.
Keywords: public contracts, amendments to public contracts, reduction of the scope of public contracts, permitted amendments, prohibited amendments, public procurement, works and services concessions.









