En torno al concepto jurídico de autoprovisión administrativa: dimensión europea y desajustes internos

Authors

  • Carlos-Alberto Amoedo-Souto

DOI:

https://doi.org/10.18042/cepc/rap.205.03

Keywords:

In house providing, Public-public cooperation, Directives on public procurement, spanish Act on Public Procurement.

Abstract

This paper stands for a new legal concept of in-house providing, as the set of rules about make or buy decisions to be taken in order to meeting the administrative needs with goods, services and utilities provided by the public sector. This notion grants two main assets: a) bringing together the procedures of public-public cooperation (both vertical and horizontal) within the public sector, as set out in the 24 and 23 Directives on public procurement (2014); b) arrange in a more properly and clear way the Administrative Law of Spain, seriously concerned by several misalignements, specially those dealing with the brand new rules stated by the 9/2017 Public Procurement Act. Our work ends with a lege ferenda proposal: the need of passing a special law about in house providing for the hole spanish public sector.

Issue

Section

STUDIES