Orders to mixed companies in the current Public Sector Contract Law

Abstract

In the traditional basic general legislation on public procurement, the mixed economy society was treated as a modality of indirect management of public services, as literally followed by art. 275 in relation to 277 of the Consolidated Text of the Public Sector Contract Law of 2011, but also at the local level, specifically in art. 85. 2. b of Law 7/1985 on Bases of Local Regime. The mixed economy companies have had to adapt their contracting to the public procurement regime of Law 9/2017 of November 8. The transition from private law to public law has had some difficulties to a large extent due to legislative deficiencies that a rule written for public administrations causes when applied to contracting authorities that are not public administration. The complexity of contracting this figure is not exhausted by the law of public sector contracts, but rather reaches the application of other rules originally intended for administrations. Law 9/2017 of November 8 allocates a title to the hiring of mixed economy societies, but it presents important controversies that generate legal uncertainty and are developed throughout this article.