THE (IL) LEGALITY OF DIRECT CONTRACTING OF STAFF AND WAIVER OF BIDDINGS BY INTERMUNICIPAL PUBLIC CONSORTIUMS

Abstract

Public services are functions performed by the State and its federated entities and it is the obligation of these entities to provide them in the most effective and efficient way possible. Public consortia are forms of union among federated entities, whose purpose is to provide some kind of service that an entity, in its singularity, would have difficulties to provide. However, there is a great deal of doubt among managers about the need to follow public precepts regarding the hiring of personnel and the contracting of indirect services through bidding, especially in those consortia created prior to 2005. This exploratory article seeks to examine the feasibility of bidding and direct contracting by these consortia, analyzing how cooperation is made between entities, the legal nature of public consortia and their types and formations. To do so, it uses the deductive method to approach the subject, using, as main study documents, the doctrine and jurisprudence. It discusses, in a specific way, the documents used in the conception of the work, bringing, in the end, the analysis about the necessary use, through the public consortia, of the fundamental public precepts inherent to the public administration.