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Transparency and Integrity

Spain will set up a governance scheme aimed at detecting non-compliance or problems of systemic character within the public procurement procedures. Results of this activity of surveillance and supervision will be properly disclosed.

Country: Spain

Status: complete

Themes: Public procurement

Last updated: December 2020

Classification:

Concrete: Somewhat Concrete | New: New | Ambitious: Ambitious

  • 4 Evidence:

    Law 9/2017, of November 8, on Contracts of the Public Sector

    Supervision Procurement Report December 2019

    Special Supervision Report: Public Contracting in Emergencies (Covid-19)

    Commitment 10 as outlined by the Spanish Government - Articles 328 - 334 of Law 9/2017 established

  • 3 Notes:

    The governance scheme is on the Libro Cuarto of the Law.

    In its preamble says expressly: En el Libro IV se establece un ambicioso esquema de tres órganos colegiados a nivel estatal con el doble objetivo de dar cumplimiento a las obligaciones de gobernanza que establecen las Directivas Comunitarias y de combatir las irregularidades en la aplicación de la legislación sobre contratación pública.

    Book IV establishes an ambitious scheme of three collegiate bodies at the state level with the dual objective of complying with the governance obligations established by the Community Directives and of combating irregularities in the application of legislation on public procurement.

    Book IV establishes an ambitious scheme of three collegiate bodies at the state level with the dual objective of complying with the governance obligations established by the Community Directives and of combating irregularities in the application of legislation on public procurement.

    The fact that the government has set up this governance scheme and publish/disclose their activity and surveillance data allows this indicator to be complete. In fact, as the government complies with one of this two points, it has to be reflected on the report/tracker. Yet, another exercise would be to assess compliance, enforcement and implementation of the law by checking the suitability and (in)effectiveness of this scheme.

    Updated: October 31, 2020

    While the new Spanish Public Procurement Law (LCSP) sets up the governance scheme, there was no full disclosure of the Supervision Reports until last December 2019. The Annual Supervision report is very up to date, with the report published in December 2019. There is also a document for Public Procurement in Emergencies, published as a response to the Covid19 Crisis.

    Updated: April 30, 2020

    October 2018 update: "Law 9/2017, of November 8, on Contracts of the Public Sector, by which the Directives on recruitment 2014/23 / UE and 2014/24 / UE, of February 26, 2014, are transposed within its Book Four (articles 328 to 334) a scheme of three collegiate bodies (the Public Procurement Advisory Board of the State, the Cooperation Committee on Public Procurement and the Independent Office for Regulation and Supervision of Procurement) with the dual objective of to comply with the governance obligations established in the aforementioned Directives and with the recommendations of the European Union, and to combat irregularities in the application of public procurement legislation."

Spain's Commitments
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