The Insufficient Incorporation of EU Public Procurement Law into the spanish Public Sector Procurement Law

Abstract

The paper analyzes how it was carried to the incorporation of Public Procurement European Community law by Spanish Public Sector Procurement Law. Explores the crucial influence of the Directive 2004/18 and the European case law in the new Spanish regulations, and especially the most questionable for the inadequacy of the LCSP to EU requirements. In this sense, criticizing the subjective construction of article 3, limited special recourse on public procurement, the risk of escape of the general principles and the new category of contracts subject to the so-called harmonized regulation.

It concludes by emphasizing the need to respect the obligation of interpreting the Spanish Public Sector Procurement Law under Community law, in particular to implement the indeterminate legal concepts of Spanish legislation based on European law.