Ámbito subjetivo, organización administrativa y gobernanza en la nueva Ley de Contratos del Sector Público
Public procurement is of enormous importance for the functioning of the public sector. Having a regulation that, within the framework of the Directives, allows to reach the primary and strategic objectives of the contract is essential. Guaranteeing the procurement of works, services and supplies und...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6887519 |
| Source: | Revista Aragonesa de Administración Pública, ISSN 1133-4797, Nº 18, 2018 (Ejemplar dedicado a: La Ley de Contratos del Sector Público), pags. 59-90 |
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| Summary: |
Public procurement is of enormous importance for the functioning of the public sector. Having a regulation that, within the framework of the Directives, allows to reach the primary and strategic objectives of the contract is essential. Guaranteeing the procurement of works, services and supplies under optimal conditions must be compatible with other environmental, social and economic purposes and this is one of the fundamental objectives of the latest European regulations. But in Spain, partly as a reaction to the cases of corruption that are becoming known, partly due to purely reflexive normative inertia, we have endowed ourselves with a very extensive basic regulation, far from the simplified purpose promoted by the European Union. This Spanish basic regulation, which will make it difficult, in place to facilitate, the achievement of the primary and strategic objectives of contracting. The governance structure, on the other hand, determines a kind of protection of the State over the rest of the public sector entities that, apart from their weak competence coverage, seems unjustifiable in the autonomous State. |
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