Subjective areas and objective of application of the Public Sector Contract Law

Abstract

Despite its technical complexity and certain substantial dysfunctions, the new law for Public Sector Contracts has strived to respond, in a rational manner, to the demands of systematization and congruence of public contracting in Spain and the unavoidable requirements deriving from the jurisprudence and regional regulations. Circumscribing and establishing suitable adjustment of the subjective and objective application of the law are, undoubtedly, two its core objectives. Both aspects are critiqued in this article, from the principal of its precise articulation and meaning, and on the basis of the regional jurisprudence covering the more conflictive aspects in recent years, essentially the types—and their respective legal framework—of public bodies subject to the regulations in terms of public contracting and the legal businesses excluded from its area of action.