Thinking again about exclusions from the Spanish Public Sector Contracts Act: In House Providing contracts and transfers of competences between public entities

Abstract

One of the most problematic issues that arise from the application of the new LCSP lies on the determination of its material scope, that is, which contracts should be subject to this Act. In this sense, our work wants to contribute to this discussion, analysing two of the cases that could be excluded from the scope of application of the LCSP.

Keywords:

Public procurement, in house providing contracts, exclusions, cooperative agreements, public-public coo- peration, vertical cooperation, transfer of competences, public services.