La morosidad de la administraciónobligaciones y contratos públicos

Abstract

The study of late payment in the Administration vouches for the need to formulate a concept of administrative obligation. This research paper defines the concepts of obligation, duty, inactivity, late payment and default in the Administration. Additionally, there’s room for analysing the issues and regulatory progress relating to late payment in several fields: health benefits, economic obligations of the Junta de Andalucía, pharmaceutical agreements, legal aid, college grants and scholarships, the System for Personal Autonomy and Care of Dependent Adults and the Temporary Redundancy Plan implemented after the COVID-19 crisis. The regulatory strategies against late payment by the Administration have been developed mainly in the sphere of public procurement. The European Directive initially addressed the late payment issue with the same legal answer for the private and public sector. The Spanish legal system has made room for the development of an entire regulatory subsector in the battle against administrative late payment that regulates payment deadlines and default interests, reinforces legal regulation, and adds a financial control method. Late payment by the Administration constitutes a source of legal controversy between administrations and contractors.