La figura del convenio administrativo en la Ley 40/2015, de Régimen Jurídico del Sector Público y su tipología

Zusammenfassung

There are two possible attitudes to face a problem which needs to be urgently solved: you can try looking for the perfect solution to it and remain still until you find it or you can look for a possible solution and try it with the means you count on without further delay. To tackle the present subject, the authors of this study have adopted the second attitude. They have made an effort to analise the conventional activity of the Spanish Public Sector, that is to say, the dealing activity of the Public Sector, considering that the use of the administrative power has been traditionally reserved to the field of unilateral actions and the traditionally regulated categories of administrative act, contract and legal norm, which are clearly defined by Law. The regulatory framework for the administrative agreement embodied in the 40/2015 Law on the Public Sector legal governing provisions, dated October 1, aims, in a veiled way, to turn administrative practice into positive law. It provides the guidelines set by the 2010 Motion of the Spanish Court of Auditors to the Parliament on the need for a suitable legal framework for public agreements, dated November 30, with the status of law. This law defines what administrative agreement is by providing it with a legal concept different from similar legal instruments, and sets up a typology of administrative agreements.