Appearance and legitimation in the Public Procurement Review Central Administrative Court: with particular regard to nullity of contract cases

Abstract

Based on the EC’s determination to stamp out illegal awards, this article analyses the nature of the Public Procurement Review Central Administrative Court (whose Spanish acronym is TACRECO), a common body at the service of the Central State Administration and other bodies, as is currently established in article 41.1 of the Consolidated Text of the Law on Public-sector Contracts, approved under Royal Legislative Decree 3/2011, of 14 November (hereinafter referred to as CTLPSC). Its nature of a specialised body which acts with full functional independence in the exercise of its powers also enables it to assess the special reviews arising against the decisions of the competent bodies of the General Council of the Judiciary, the Constitutional Court and Court of Auditors. Specifically, the author analyses the special review concerning public procurement as subject of resolution by the Public Procurement Review Central Administrative Court, and in particular the aspects which have to do with its legitimation and competence, paying special attention to nullity of contract cases. The article concludes with the suggestion that the TACRECO, in its duty to resolve these reviews, establishes itself like the Central Economic Administrative Court (CEAC) in the sphere of the Central State Administration, irradiating and projecting its decisions onto the other bodies to be established.