Free competition or equality of treatment: their application in the awarding of public contract
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Public procurement is based on several fundamental rules which are general principles recognized under EU and national law and are applied by administrative courts –central and regional courts– and contentious administrative courts. This article analyzes the decisions of those courts, especially the judgments of the Court of Justice of the European Union, because the principles of legality, free competition, equality of treatment and prohibition of discrimination are recognized in several EU directives and are protected by the Luxembourg Court. In particular, this article studies the principle of free competition in the procedural moment of the awarding of public contracts which is especially relevant because the awarding body must ensured an equal treatment for all the bidders.