EL URBANISMO COMO ACTIVIDAD ECONÓMICA Y MERCADO PÚBLICO: LA APLICACIÓN DE LAS NORMAS DE CONTRATACIÓN PÚBLICA

Abstract

Public procurement has become a cross-sectorial discipline that bears on many economic activities and therefore expands the field of the public procurement procedures, in spite of formal interpretations leading to exclude the applicability of the EU Law on the matter. I.e., the urban development activities are currently undergoing an evolutive process towards a competitive framework, on the grounds of business-like management models off the classical ones. Hence, the public procurement discipline must apply to the so called «collaborative urban development systems», in so far they result in public works that (i) are delivered to a public Administration, (ii) remain the property of said Administration, and (iii) should have been undertaken by said Administration in the context of a «public urban development system». This assert clearly applies to the development processes carried out by the so-called «urban development agent», a genuine concessionaire of public works that must necessarily be selected and also award its contracts through competitive procedures. In addition, the so-called «boards of compensation (of the development costs)», even though they may not be regarded as contracting authorities, must apply and be subject to the public procurement rules on the grounds of material reasons, pursuant to the useful effect of the EU Law. Summarizing, a functional concept of public works «atracts» the discipline of public procurement to the field of the urban development.