El nacimiento de los contratos públicos: reflexiones sobre una equivocada transposición de la Directiva comunitaria «de recursos»

Authors

  • José Luis Martínez López-Muñiz

Keywords:

Publics contracts, Public Administration, Directives of the European Union, European Union Law

Abstract

The legitimate result required by the European Directives on review procedures concerning the award of public contracts, does not allow to impose unnecessary changes to the national legal systems. The Act 34/2010 of the Spanish Parliament has not been able to understand it rightly when it has nominally transferred the public contract’s perfection to its formal celebration, altering and complicating, with this contrived change, a consolidated contracting system, tailored to the specific requirements of the rule of law on the Public Administration. However, adjudication actually remains decisive for the birth of the contract under Spain legislation. Compelling to a required waiting period to formalize the contract and therefore to give it its possible efficacy, would have been sufficient to achieve in the Spanish law the result intended by the Directive 2007/66/EC.

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION