Legal problems arising from irregular public procurement in spanish municipalities. The ex officio review of the acts of adjudication of the null contracts

Abstract

This paper refers the problems arising from irregular contracting by Spanish municipalities. Specifically, the channel to be followed is analyzed to pay the invoices presented by the providers of benefits that the Administration has obtained in an irregular manner, dispensing with an absolute form of the due procedure and with absence of credit for the attention of the contracted obligations. The prohibition of the unjust enrichment of the Administration obliges the Administration to pay the compensation received, but it can only do so by resorting to the way of the ex officio review of the award acts of the contracts improperly awarded. A study refers the amounts that must be effectively paid for the liquidation of the contracts with special interest in the possibility of payment of the industrial benefit.