The new law on public procurement and the pathologies of the sector: general perspective and new insights

Abstract

This article offers a general perspective of the new national legislation on public procurement which transposes the so-called Fourth Generation Directives. From a critical standpoint regarding the vertiginous changes in national legislation and its excessive length, the article analyzes the most relevant formal and substantive transformations in the new legislation. Inter alia, the article deals with the change in the strategy between the purposes and objectives of the new legislation, the extension of its scope of application, its approach to the legal framework of public contracts, the changes of the contractual typology and the new insights regarding all the phases of contracting, since the preparation of public contracts to their effects and termination.

Keywords:

public contracts new legislation on public procurement, invalidation of contracts, special appeal, preparation and awarding of public contracts, modification of public contracts, effect, compliance and termination of public contracts