Entrustment of management tasks, entrustment of management tasks to the “own resources” and administrative agreements in Law 40/2015, of 1 October, of the legal framework of the Public Sector

Jesús Colás Tenas
Abstract

The legal framework of the entrustment of management tasks, entrustment of management tasks to the “own resources” and administrative agreements, requires a clarification. The external bodies of control have repeatedly and unanimously called for a substantive legislation that establishes in detail the requisites and essential elements of these legal institutions. The distinction between administrative agreements –collaborative agreements– and public contracts has always been confused, complicated or, at least, difficult. The consultative bodies in charge of public contracts have examined the real nature of these legal institutions. In this context, Law 40/2015, of 1 October, on the legal framework of the Public Sector, following the recommendation of the Spanish Court of Auditors as it is stated in its preamble, ends with this confusion and offers a clear and precise framework regarding the scope of these institutions which are essential in Spanish administrative law.

Article Details

Keywords:
administrative agreement, entrustment of management tasks, entrustment of management tasks to the