Limits and alternatives to public procurement system for providing goods and services to the public administrations. Procurement of medicines, social services and legal services

Abstract

Since the transposition of the European Public Procurement Directives, the debate over alternative formulas to Public Procurement System, for a more agile provision of public services, has been in the centre. The European Directives advocates for a more efficient, transparent, sustainable and socially responsible system. The Spanish Public Procurement Act is too rigid and bureaucratic to be able to provide new services and demands, as the provision of medicines or social services had demonstrated. Legal services are on the same situation. Factors as the immediacy, the relationship of trust between lawyer and client, and the occasional need for very specialized services, are some of the reasons that make difficult to subject to a procedures based on planning, objective criteria awards and the execution of regular deadlines. This article aims to make a proposal addressed to the Catalan legislator, in the frame of Public Procurement, and on the premises of doctrinal positions, the doctrine of the consultative bodies experts on Public Procurement, and taking into account the Judgement of the Constitutional Court 65/2024 as well.