The circumvention of public procurement procedures in local urban societies: its confirmation from an empirical point of view

Abstract

The purpose of this article is to show from an empirical point of view, what administrative doctrine has been observing and criticizing for decades: the lack of homogeneity in the application of public procurement procedures, although, approached from the analysis of a specific sector of the Spanish legal system and the real estate market: local public urban planning companies. This reflection, whose starting point is the current situation of Spanish local urban planning societies, demonstrates and confirms that the local public authorities, and ultimately the state and regional legislators, use and allow to use, respectively, the legal loopholes of the urban planning and public procurement regulations to evade the contracting processes in the contracts of work, services and supplies of the urban area through the local public companies, thus circumventing European Law.