Contratação in house

: a positivação da exceção à luz das novas diretivas em matéria de contratação pública e do anteprojeto do CCP

Abstract

This Master Dissertation in Administrative Law at Universidade Católica Portuguesa, Centro Regional do Porto, was carried under the guidance of Professor Dr. Mário Aroso de Almeida and sheds new lights on one of the most controversial topics within public procurement: the in house exception. Nowadays, the cooperation between contracting entities retains a truly fundamental role. In a time of deep financial restrains, relationships developed within the public sector should maximize the requests of public interest, avoiding therefore turning to the private sector in search of solutions that Public Administration, latu sensu, can find within itself. Keeping in mind the market dynamics – whose compulsory requirements mainly descends from the European Union Treaties – our analysis will take on the in house relationships and the many categories of its constitution. At last and regarding the rules appliance, it’s important to integrate the new issues that arise from the recent regulation of this exception concerning public procurement, both at community and national level. Their content does not solely depict the successive lessons from case law and goes further in many, perhaps too much, aspects.

Date of Award	23 Sept 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Mário Aroso de Almeida (Supervisor)