Convocatoria ECAE - Área de Investigación

Abstract

The term procedure applied to administrative law alludes
to the formal aspect of the activity of the public administrations, since
it supposes the organization of acts whose legal effects are linked
to each other, in order to generate an administrative decision. In this
paper, I am going to considerer, on the one hand, if it is necessary to
apply “in totum” the administrative procedure, to public sector contracts
and, on the other hand, to the lack of autonomy in the sanctioning
administrative procedure. For this I will refer to the contractual
procedure first and secondly to the sanctioning procedure. Specifically
to the contract that is celebrated from the public sector, already
in the execution stage, in order to observe that when applied to
it, the administrative procedure in block, produces problems for the
two contracting parties (principal-contractor). To which is added, if
we look at it from the principal administration, the ineffective result
in the realization of the object contractual. On the other hand, the
problem of sanctioning regimes is presented. The idea is to present
them as an autonomous right, in pursuit of the efficiency of these preventive
procedures, disassociating them from their dependence on
criminal law that make them inoperative, in addition to transferring
their own inequity.