Los contratos menores en la Ley 9/2017, de 8 de noviembre, de Contratos del Sector Público

The new Law of Contracts of the Public Sector includes several limitations, not only quantitative restrictions but also procedural rules, that afect the category of the minor contracts, in order to reduce eventual deficiencies and to remove theoretical possibility to commit fraud. This scientific...

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Bibliographic Details
Main Author: Garcés Sanagustín, Mario
Format: Article
Language:Spanish
Published: 2018
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7433248
Source:Revista española de control externo, ISSN 1575-1333, Vol. 20, Nº 60, 2018 (Ejemplar dedicado a: Ley de Contratos del Sector Público), pags. 99-116
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Summary: The new Law of Contracts of the Public Sector includes several limitations, not only quantitative restrictions but also procedural rules, that afect the category of the minor contracts, in order to reduce eventual deficiencies and to remove theoretical possibility to commit fraud. This scientific paper presents a analysis about the legal nature of these contracts and the purpose that this contractual type looked for at the beginning, with the main aim to conclude that it is necessary a balance between, on the one hand, administrative simplification and efficiency, and on the order, information transparency and fight against corruption. Additionally, this paper describes most important changes that the new Law has established, as well as the different interpretations formulated by the spanish consultative bodies regarding the material and temporary scope of the new regulation. Finally, in line with recent modifications, the new legal regime reinforces the transparency and information duties, in order to facilitate internal and external control and, anyway, to give information to the citizens who demand it