Public Contracts Splitting: Guidelines and Limits in Small Contracts
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Small contracts allow the direct award of works, services, and supplies when certain legal requirements are met. The simplification and agility of this award method sometimes leads to the splitting of the subject matter of the contract. To benefit from these direct award rules consecutive contracts with the same subject matter are concluded or larger contracts are divided. Splitting the subject matter of the contract is a violation of the rules and principles of public procurement. The absence of a legal definition of splitting requires an effort to organize the criteria that allow to identify it case by case. This article aims to contribute to achieving this goal from a dogmatic approach, considering EU and national law, as well as the legal criteria developed in administrative and judicial practice.