The special administrative appeal in public procurement and provisional cautionary measures under the spanish Law 30/2007, of October 30, on Public Sector Contracts, in light of Directive 2007/66/EC amending Directive 89/665/EEC

Abstract

The Public Sector Contracts Act introduces a new administrative procedure for appeal in the area of contracting, and also foresees the adoption of provisional measures, in order to respond to the obligations arising from the EU regulations on contracts. However, the legislation is only partially positive. The system continues to be inefficient; it fails to provide an emergency procedure for adopting independent cautionary measures, and it adds to the problem of the existence of two parallel jurisdictions.