Las modificaciones de contratos públicos en la LCSP 2017
This paper addresses a crucial component of the public procurement which, even if it is not part of procurement procedures, by affecting the contract execution phase, this should not prevent us from downplaying it, both due to the complexity of its regulation and also to the abuse of its use in...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8040660 |
| Source: | Gabilex: Revista del Gabinete Jurídico de Castilla-La Mancha, ISSN 2386-8104, Nº. 24, 2020, pags. 15-56 |
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| Summary: |
This paper addresses a crucial component of
the public procurement which, even if it is not part of
procurement procedures, by affecting the contract
execution phase, this should not prevent us from
downplaying it, both due to the complexity of its regulation and also to the abuse of its use in the practice
of public procurement.
The motivation on the study of this issue comes from the
concern about knowing in detail the difficulties involved
in putting into practice the amendments to public
contracts, in accordance with the provisions of the law
and an enormous casuistry that shapes the
jurisprudence of the Court of Justice of the European
Union (CJEU) and the several pronouncements of the
Administrative Courts of Contractual Resources and the
Consultancy Boards for Administrative Contracting, in
order to be aware of the significance of the exceptional
use of this figure, the mechanisms to avoid an irregular
use, as well as finding improvement tools.
To this aim, this paper starts by reflecting the legal
developments in the amendment to public contracts,
which forces us to treat the ius variandi of the Public
Administration and the important role that the CJEU has
played, as a guarantor of the compliance with the
general principles, due to the traditional lack of
regulation on this matter. The general regime which sets
the current regulation of amendments to public contracts
is described below, under Law 9/2017, of 8 November,
on Public Sector Contracts (LCSP 2017), without entering
into the special provisions for certain types of contracts.
Finally, it is stressed the problematic of the abusive use
of amendments to public contracts and the importance
of their control to ensure the integrity of public
procurements and fight against corruption. |
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