El sistema de Tribunales Administrativos de recursos contractuales

Abstract

The work carries out a critical description of the administrative court system which was created for the resolution of appeals in public procurement matters affected by the transposition of Council Directive 89/665/EEC of 21 December 1989. It executes a detailed analysis of the requirements imposed by the Directive and the manner in which they have been applied by the Spanish legislator and the Autonomous Communities responsible for creating these courts. Specifically, it examines the reasons behind opting for a system of courts which lies outside the judiciary, the obstacles and problems arising from the coexistence of various courts, the statutes which govern its members and the structural and operational issues and necessities inherent in the same.