Interadministrative collaboration. Entrustments agreements vis‑à‑vis in house contracts. Administrative agreements

Abstract

Scholars have extensively debated entrustments agreements and collaboration agreements in order to determine their scope and differences. This long debate is explained because of the almost no regulation of entrustments agreements and the lack of differentiation of the collaboration agreements vis‑à‑vis other similar legal institutions.
This scenario has generated inconsistency in the use of the two institutions and the legislative intent has not been followed. In this context, the two institutions have been used as real contractual legal tools beyond the normative framework and taking advantage of the exceptions of the legal framework on public contracts.
The judicial activism, especially the action of the European Union courts, has overcome, in many cases, these normative shortcomings, particularly in relation to entrustments agreements. In this line, it is determinant the entrance into force of the new European Union legislation on public contracts and the new state legislation on the legal framework of the public sector. Both aspects constitute the clear objective of this article.

Keywords:

entrustments agreements, in house contracts, domestic contracts, direct management, technical service, instrumental public bodies, interadministrative relationships, cooperation, collaboration, collaborative agreements