Public Procurement Below Thresholds in Spain

16 Pages Posted: 18 Jul 2011 Last revised: 13 Dec 2011

Date Written: July 15, 2011

Abstract

This paper describes the situation and applicable rules to public procurement below EU thresholds in Spain. The paper describes the main provisions regarding these contracts, which are substantially identical to those applicable to contracts subject to EU rules with the relevant exceptions of their publicity and the available remedies and, hence, point towards a substantial convergence between EU and Spanish procurement law. However, the paper stresses that the existence of special rules for “minor contracts” and the restricted remedies available in procurement below thresholds still allow for a substantial amount of (nearly) unrestricted procurement practices. Taking into account the relevance of below thresholds procurement (around 90% in number of contracts, and 20% in value), the paper submits that a revision of current rules would be bound to have a positive impact in the efficiency and effectiveness of public procurement in Spain.

Keywords: Public procurement, below thresholds, Spain

JEL Classification: K23

Suggested Citation

Sanchez-Graells, Albert, Public Procurement Below Thresholds in Spain (July 15, 2011). Available at SSRN: https://ssrn.com/abstract=1888186 or http://dx.doi.org/10.2139/ssrn.1888186

Albert Sanchez-Graells (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol, BS8 1RJ
United Kingdom

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