Diputación General de Aragón. Departamento de Presidencia
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
