Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

This paper analyses in a systematic and detailed way the procedure for the contracting of legal services of jurisdictional defence and the possibility of remuneration by means of a contingency fee agreement. Accordingly, the paper firstly focuses on whether or not such Public Administration’s representation and defence services are subject to the provisions of the Law 9/2017, of November 8th, on Public Sector Contracts. Subsequently, an in-depth analysis is made of the awarding procedure modalities that are best suited to the need for the correct selection of the bidder in these services, particularly, the negotiated procedure and the open procedure. Moreover, the paper evaluates the possibility of using a contingency fee model, and on a last note, the paper sums up a description of the main findings and conclusions reached.

The objective of this research paper is to analyse the state of development of the principles of open government and its relationship with the existing administrative culture in four rural municipalities of Galicia with no more than 2.000 inhabitants. Above all, the transparency portal and the organizational climate of each one of them are being looked at closely. The comparative method was used in a town council with similar characteristics which had already consolidated the principles of tranparency, colaboration and participation for many years with the aim of finding out the way forward in order to implement more participatory, transparent and inclusive management structures in small municipalities.

The exceptional increase in the costs of executing public procurement contracts is revealing the serious deficiencies that affect the regulation of this stage of public procurement. To the traditional confusion between the factum principis and unforeseeable risk, the delimitation between the latter and the ius variandi has now been added, due to the fact that the ius variandi in contrary to its traditional understanding, is intended to be used as a technique for restoring the contractual balance when it breaks due to unforeseeable circumstances. This raises the question of whether the most appropriate way to deal with the aforementioned increase is simply changing the price or compensating for unforeseeable risk and, ultimately, whether such techniques are the most suitable to deal with crisis situations such as the current one or it is more appropriate to resort to emergency legislation. This paper, after recalling some of the key principles and concepts of public procurement, tries to answer these questions.

In addition to the different positions of the doctrine and the jurisprudential criteria on the regulatory nature of the urban planning instruments, the incorporation of principle of Integrated Sustainable Urban Development (ISUD) makes it necessary to reevaluate its nature, allows expanding the justification of its concept and verify the proportionality of the declaration of nullity of full right when the new determinations, contents and legal requirements are not fulfilled

Seeking appropriate solutions to the specific problems of municipalities with low population and resources requires the establishment of a special legal regime for them. This system must be based, among others, on the principles of adequacy and differentiation, and cover multiple subjects such as: organization, competences, financing, public procurement, administrative procedures, etc. The responsibility for articulating such regulation is shared between the basic state legislator and regional development legislator.

This work studies the current situation of depopulation in Spain, in which the aging of its population, the low birth rate and the difficulty in guaranteeing the provision of public services stand out, all of which require a rethinking of public policies so that lead to greater territorial cohesion and, ultimately, to offer solutions to these territories

The purpose of this work is to study the use of social and environmental clauses in the subsidy activity of public administrations, examining their legal regime, mainly regulated by regional regulations, and exposing the main initiatives carried out in this area. Once the current state of science has been presented, we reflect on the legal assets potentially affected and on the existence of limits applicable to these instruments of environmentalization and socialization of public subsidies.

The purpose of this article is to study local competences at present situation taking into account the changes introduced in 2013 by LRSAL and the interpretation made by the Constitutional Court. To this end, the study analizes the typology of competences of local entities which are generally regulated in article 7 LBRL and, on its basis, we also study the specific competences of the municipalities and provinces (and equivalent entities), as well as those which can be delegated.  

The aim of this paper is to reflect on local public services and local economic initiative as we approach the tenth anniversary of the enactment of Law 27/2013, of 27 December, on the Rationalisation and Sustainability of Local Administration (LRSAL). The aim is to take stock of its application, on the one hand, of the aspects that we consider to be most deficient and problematic in this area: in particular, the concept of local public service and its delimitation with local economic activities and, intimately related to this differentiation, the determination of the legally established procedure for the implementation and modification of the forms of provision of public services. These are therefore "old" problems that have yet to be resolved. It also examines the impact of the regional legislation on local government enacted after the LRSAL on the system for the management of public services and the exercise of local economic initiative. On the other hand, the LRSAL's successes include the incorporation of the perspective of the impact on the market and competition.  It also highlights the absence of a public policy on the quality of local public services.

Monographic section introduction.