El recurso en materia de contratación ante tribunales especializados en España y America Latina

Abstract

This Thesis contributes to the investigation of the appeal in public procurement material based on the central idea that it has reached sufficient maturity to be considered a necessary institution in national regulations, as proposed, recommended and, where appropriate, it is being demanded by the international law of public contracts. Two different aspirations converge in this institution: the search for opening of local markets to the equal competition of suppliers from other countries (expressed in conventions and trade integration documents) and, on the other hand, the attempt to improve transparency and probity in public procurement (expressed in international anti-corruption treaties). The present thesis starts from this central nucleus and promoter of the appeal resource in contracting matters to appreciate and assess how international law has influenced in recent years in Latin American ordinances to create appeals and specialized administrative and judicial courts. Through the investigations we have been able to verify how in Spain and in America, by different paths, the historical need has been agreed, to include and, after making more efficient, the resource in terms of contracting. The separate evolution - we could almost say with one another in this matter - has prevented recognizing common problems, regulations in some close cases and in others, diametrically opposed, but that deserve to be compared as they can enrich the experiences of both sides. Throughout the work we have precisely faced the requirements of international public procurement law for this institution with the normative realities of the Latin American countries on how the appeal bodies are structured, the common characteristics of the system El recurso en materia de contratación ante Tribunales especializados en España y América Latina for their better effectiveness, the existing legitimacy experiences, and the restorative and compensatory powers of the resource bodies.