The ex officio review in the contracting of public commercial companies. Once again the limits between public and private law

Abstract

Borders between public and private law are becoming increasingly weak. Public commercial companies assume administrative powers and their legal regime begins to be equated to that of public Administrations. An especially significant example is included in Law 9/2017, of November 8, on Public Sector Contracts, by allowing the ex officio review of the acts of preparation and awarding of contracts of public sector entities that are not public Administration. This article analyzes the difficulties of the ex officio review in entities subject to private law and specifically the ex officio reviews of FEVE and EMVS contracts.