Deficiencias e incoherencias en la transposición de la normativa europea sobre conflicto de interés por la ley de contratos del sector público

Abstract

The 9/2917 Public procurement Act sets as one of its main targets the creation of an ethical environment for the development of the public purchasing strategy. Even though this is made clear from the very beginning of the text and can be appreciated at different point throughout the wording of the rule, this objective has its mainly exemplified in article 64 and the regulation of conflicts of interest for the first time in a public procurement norm in Spain. However, the transposition with regard to this subject of Directive 2014/24 carried out by the Spanish legislator shows certain shortcomings and incongruencies that have significant consequences. On the basis of a preliminary analysis of conflicts of interest as a phenomenon and the foundations of its EU regulation, this article evidences that the national norm undertakes a misguided approach to the phenomenon that reproduces, disregarding the principles and objectives that inspire the EU law in the field, a regulatory structure on conflicts of interests that presents poor developments compared to the previous norm and relegates contracting authorities to a passive position in the fight against corruption, undermining the effectiveness of the EU procurement Directives.