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Procurement regime of the Constitutional Court

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The Spanish Law 9/2017, of 8 November, on public sector contracts which transposes the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU, of 26 February 2014, into the Spanish legal system, applies to all institutions, bodies and entities that are part of the public sector. The competent bodies of the Constitutional Court are included in this list, according to the 44th additional provision of Law 9/2017. By virtue of this provision, constitutional competent bodies shall conclude any contracts that are necessary to comply with and achieve their institutional purposes.

The President of the Constitutional Court represents the Court (article 15 of the Organic Law 2/1979 on the Constitutional Court, of 3 October 1979) and is responsible for exercising the functions of the Contracting Body [article 14.k) of the Regulation on the Organisation and Personnel of the Constitutional Court]. The President may delegate these functions to the Secretary General [article 16.1.b) of the aforementioned Regulation], as it has been the case by virtue of the Resolution of 28 March 2017, of the Presidency of the Constitutional Court (Official State Gazette no. 79, of 3 April).

Except when the power to contract corresponds to a Contracting Board, the contracting bodies will be assisted by a Public Procurement Committee regarding the contracts awarded in: Open Tendering Procedures, Simplified Open Procedures, Negotiated Procedures, Restricted Procedures, Competitive Dialogue Procedures and in Association for Innovation Procedures. The Public Procurement Committee shall be composed of a President, the members to be determined by the regulations and a Secretary (article 326 of Law 9/2017, of 8 November, on Public Sector Contracts). The composition of the Public Procurement Committee of the Constitutional Court was published by virtue of the Resolution of 2 April 2018, of the Presidency of the Constitutional Court.

Finally, with an aim to ensure transparency and the public access to the contracting activity of the institutions, bodies and entities that are part of the public sector, the contracting bodies shall exclusively publish the profile of the contractor through the internet. This profile shall gather all the information and documents related to its contracting activity in order to guarantee transparency and the public access to these documents. The profile of the contractor shall include any data and documents relating to the contracting activity of the contracting bodies. In any case, they shall include the general information that may be used to contact the contracting body and the specific information of any concluded contracts (art. 63 of Law 9/2017, of 8 November, on Public Sector Contracts).

The tables included in this section show the contracting activity of the Constitutional Court to the extent required by Law 19/2013, of 9 December, on transparency, access to public information, and good governance.

© 2016 CONSTITUTIONAL COURT OF SPAIN