Introducción al régimen inglés de los contratos públicos

Abstract

Over the past few decades, the field of public procurement has evolved as an important subject within the English legal system. Traditionally the contracting authorities have enjoyed broad discretionary powers inasmuch as contracting was considered a private activity; discretion also allows the contracting authorities to obtain value for money, which is the main objective of the domestic procurement system. However, certain elements seem to be changing this perception of discretion as an absolute feature of public procurement. Thus, both European Directives and Courts’ case law are curtailing the broad discretion of contracting officers. The article sheds light onto this evolution.