PENALTIES IN PUBLIC PROCUREMENT

The execution and fulfillment of a public contract is of enormous importance, not in vain, it is understood that a contract has been fulfilled as stated in article 210 of Law 9/2017, of November 8, on Public Sector Contracts, hereinafter LCSP, "When the contractor carries out, in accordance with the terms of the same (contract) and to the satisfaction of the Administration, the entire provision". If the public need to satisfy the contract is not met, many of the objectives and principles established in article 1 of the LCSP would be questioned. To guarantee correct monitoring and execution, the LCSP foresees a series of mechanisms, among which are the penalties, these serve as a means of pressure that is applied to ensure regular compliance with the contractual obligation, being subsumed under the powers of management, inspection, and control, which are attributed to the contracting Administrations. It is interesting to carry out an analysis of penalties, the legal regime in the LCSP, account for the pronouncements of advisory, doctrinal and jurisprudential bodies and highlight some of the most controversial issues, such as their nature, procedure and other issues that are addressed in the text.