Inter-administrative agreements of four-year duration for satisfying permanent needs? Special reference to local cooperation
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Law 40/2015, on the Legal Framework of the Public Sector, established that agreements between Public Administrations must have a fixed duration, which may not exceed four years, unless a longer term is stipulated, and only admits an extension for a period of up to four additional years (art. 49.h). All the amendments proposed not to subject them to such drastic limits were rejected. This regulation is dysfunctional when, by means of the agreements, it is envisaged to provide services or manage matters of common interest for a period of more than a four-year term or on a permanent basis, especially at the local level and, in particular, in the assistance and cooperation provided by intermediate local governments to the municipalities of their respective province. Almost after four years of the entrance into force of Law 40/2015, this article addresses the problems generated and formulates proposals for regulatory modification that, with the adoption of the appropriate precautions, try to provide solutions to the demands raised.