La cuestión competencial en el ámbito de la contratación del sector público: la delimitación de lo básico en la doctrina constitucional (STC 68/2021, de 18 de marzo)
The purpose of this paper is to analyse how the distribution of powers in the field of public procurement works, taking the judgment of the Constitutional Court that resolves the appeal of unconstitutionality brought against the Spanish Public Procurement Law as a starting point. First, by way of in...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8189104 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 216, 2021, pags. 189-221 |
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| Summary: |
The purpose of this paper is to analyse how the distribution of powers in the field of public procurement works, taking the judgment of the Constitutional Court that resolves the appeal of unconstitutionality brought against the Spanish Public Procurement Law as a starting point. First, by way of introduction, the substantive elements of the conflict raised by the Government of the Autonomous Community of Aragon are set out. Second, we will examine the titles that support the State’s intervention in public procurement, with special attention to the Constitutional Court’s definition of what «basic» means. Third, we will explore the courses of action open to the autonomous communities as a result of the judgment. The paper concludes with some brief reflections. |
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