SUBSTANTIVE AND PROCEDURAL EXPANSION OF THE ADMINISTRATIVE SYSTEM IN PUBLIC SECTOR PROCUREMENT

Within a context of administrative law expansion, according to the subjective scopes of the existing Laws of Legal Regime and Administrative Procedure, or Public Sector Contracts, whose titles have already renounce the exclusive subjects of the Public Administration, the novelties introduced with this Law 9/2017 dated November 7th on Public Sector Contracts, towards the objectives of integrity and strategy of public procurement, have been more far-reaching thanks to the extension of the scope of the administrative rules. And also due to the extension of the competence of the administrative justice system, in case of conflict, and the extension of the preliminary special review in public procurement matters. In addition, with a new and broader concept of harmonized legal procurement regime with resgard to service concessions contracts and service contracts. In this way, beyond the community imperatives, the Law 9/2017 has reversed the previous scope of application, which gave rise to a unfortunate fragmentation of regulation and diversity of substantive and procedural regimes. And it has restored the theory of separable acts in favor of the administrative justice system, therefore excluding, for example, the competence of the civil jurisdiction concerning the award of public contracts with regard to the non harmonized contracts of the public enterprises. And it has exceeded the maximum of harmonized procurement in the special review procurement, whose transposal was not peaceful either.