Why Are Legal Services Not Excluded From The Public Contracts Law?

Singularly, the first of the aforementioned Directives, of the European Parliament and of the Council of February 26, 2014, caused in the regulation of the services in general sensible modifications-eliminating for example the division of categories and of legal regimes depending on the same- , which meant for the specific contract of legal services that would only be subject to public contract law when its budget exceeded 750,000 euros (Article 4 of the Directive), and that its contractual purpose had not been expressly excluded under the articles 7 to 17 of it.

As a consequence, this community norm excluded and excludes from its scope of application-specific legal services, in particular, those indicated in article 10, d), such as those of legitimate defense of Public Administrations using a lawyer.

Regardless of the precise and precise nature of the exclusion of legal services through a lawyer by this Directive - which would have supposed its direct effect from 18 April 2016 until the new Law was enacted - a specific advisory doctrine However, he recalled that this immediate effect requires the formal transposition of the internal law, especially when dealing with the so-called vertical descending fact, which is why we should wait for the aforementioned exclusion to be transposed into Spanish law, according to that interpretation.

Public Contracts

The aforementioned article 10 of the Directive, of an apparent content, provides that this "will not apply to public contracts for services for arbitration and conciliation, nor for any of the following legal services

Council Directive

Legal representation of a client by a lawyer, in the meaning of Article 1 of Council Directive 77/249 / EEC (for the freedom to provide services by lawyers), in an arbitration or conciliation concluded in a Member State

Member State

Third country or before an international mediation or arbitration body; or in a judicial proceeding before the courts or public authorities of a Member State, a third country or before jurisdictional bodies or international institutions.

However, what could hardly be conceived is that once transposed Directive 2014/24 / EU by the approved law, the exclusions of the legal services of its regulation, far from being respected, were not addressed by the national legislator.

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