El nuevo ámbito subjetivo de aplicación de la ley de contratos del sector público: luces y sombras.

Authors

  • JOSÉ MARÍA GIMENO FELIU

Keywords:

public procurement, contracting authorities, procedures for the award of public works contracts, public supply contracts and public service contracts.

Abstract

The determination of an accurate «objective scope» of the public contracts is an essential step to ensure the effectiveness of the underlying principles of the public procurement regulation. An interpretation based on subjective-functional criteria is needed, and such interpretation must lie on the concept of «contracting authority» as it has been defined in the jurisprudence of the EU Court of Justice, so that the applicable regulations are strictly respected. Anyhow, the choice for an «administrative contract regime» to cover the contracts awarded by public Administrations seems to be blurred by the notion of «public Administration» adopted by the new Public Procurement Act 2007, which needs for an amending interpretation.

Published

2008-09-18

Issue

Section

STUDIES