Public procurement of local authorities between legality requirements and economic efficiency imperatives: A study of the content of Article 103 of Law 23/12

Abstract

The subject of supervisory control over public procurement of local authorities under Law 23/12 aims to highlight the role exercised by the supervisory authority in monitoring and guiding the activity of local authorities when concluding and executing public procurement contracts, thereby ensuring respect for legality, protecting public funds and achieving economic efficiency. The main objectives of this supervision include ensuring that contracts comply with applicable legislation and regulations, guaranteeing respect for the principles of transparency, equality and free competition in the selection of the contracting partner, in addition to rationalising public expenditure and preventing manifestations of corruption. Administrative supervision also aims to ensure the consistency of contracts with local development programmes and the state's economic priorities, while seeking to achieve a balance between the autonomy of local authorities and the necessity of subjecting them to control in order to safeguard the public interest.