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The conferences, organized by the institution, are held from October 15 to 17 at the Faculty of Law of the University of Seville From this Tuesday, October 15 and until next Thursday, October 17 , the seminar will be held at the Faculty of Law of the University of Seville : The Court of Accounts: practical experience and analysis of the new Law 9/2017 of Contracts of the Public Sector: Impact and consequences in the jurisdictional sphere, in the external control of public management and in the accounting of political parties . These conferences, organized by the Institution, will have the participation of: expert auditors and lawyers of the Court of Auditors, as well as members of its Office; auditors of the Andalusian Chamber of Accounts, magistrates of the Supreme Court and of the Superior Courts of Justice of Andalusia, Ceuta and Melilla, and representatives of the Judiciary, of the General Council of Notaries; Professor of Administrative Law, among others. The conference will be inaugurated tomorrow by the President of the Court of Auditors, María José de la Fuente. Together with her, the Mayor of Seville, Juan Espada, will participate in the opening session, among others; the President of the Andalusian Chamber of Accounts, Antonio López Hernández; and the Dean of the University of Seville, Alfonso Castro. October 15: Control of the Court of Auditors and OCEXs over public procurement The discussion and discussion sessions on the new Public Sector Contract Law (LCSP) will begin tomorrow on this issue . The first intervention will be carried out by the President of the Prosecution Section of the Court of Auditors , José Manuel Suárez Robledano,which will expose some of the novel aspects introduced by the LCSP; such as social and environmental issues. Likewise, it will detail the Institutions actions regarding the control of the contractual activity of the public sector and will present some of the decisions adopted by the Court of Auditors, in this regard, in the area of ??accounting responsibility. An issue that will later be addressed by the Deputy Chief of Legal Counsel of the 4th Dept. of Court Supervision, Mª Eugenia de la Fuente, who will talk about the particularities involved in the control of contracts of the non-financial state business sector and that will also do A brief reference to its applicable accounting liability regime. Subsequently, the Chief Prosecutor of the Court, Miguel Ángel Torres Morato , will intervene to present the role of the Prosecutor of the Institution in relation to this matter. Torres Morato will also rule on the detection of evidence of criminal and accounting responsibility, as well as the experience of the exercise of the accounting action during the term of the new Law. The analysis of the Jurisprudence of the Court of Justice of the European Union regarding public procurement, as well as the contents of the new Law, in relation to social aspects and gender perspective, will be addressed by Pedro Luis Roas and Celsa Pico , magistrates of the Contentious-Administrative Chamber of the TSJ of Andalusia, Ceuta and Melilla, and of the Contentious-Administrative Chamber of the Supreme Court, respectively. For his part, the director of the Department of Administrative Law of the University of Seville, Jesús Jordano , will offer a global vision of the application of the LCSP since its entry into force. After him, he will be the Technical Director of the Department. 1st Judgment of the Court of Auditors, Carlos Cubillo, who presents this Law from the perspective of the Institutions regulations.In this sense, Cubillo will talk about how social changes have influenced the content of the new Law, in the sense that they introduce a series of requirements (good management, transparency, sustainability, etc.) whose non-compliance can cause relevant legal effects and Even responsibilities. On the other hand, the rapporteur will speak on the impact of this new regulatory regulation of public procurement regarding the subjects, the object and the procedures through which the Court of Auditors exercises its functions of audit and accounting prosecution. Administrative supervision and regulation of the public procurement market will also occupy a prominent place in the sessions, with the intervention of the President of the Independent Office of Regulation and Supervision of Contracting, Mª José Santiago. With the intervention of José Antonio Monzó , Technical Director of the Department of Political Parties of the Court of Auditors, on the control of political parties, with special reference to contractual activity, and that of the Delegate Instructor of Prior Actions of the Presidency of the Prosecution Section, Antonio Casamayor, on the control of public procurement in previous actions and accounting responsibility, will end the time dedicated to the presentations of this first day and will open the debate with the holding of two round tables: the first, entitled Prosecution, Fiscal Ministry and OCEX, and the second, referring to the public contracting of ministries and autonomous communities: contracts for the granting of works, supplies and services . Regarding the presentation on the control of political parties, el ponente analizará la aplicación de la nueva Ley a estas formaciones políticas, que conlleva, entre otros aspectos, la aprobación y publicación en su página web, por parte de los partidos, de unas instrucciones internas en materia de contratación (IIC) que se inspirarán en los principios de publicidad, concurrencia, transparencia, confidencialidad, igualdad y no discriminación, sin perjuicio del respeto a la autonomía de la voluntad y de la confidencialidad, cuando sea procedente. En relación con la intervención sobre la contratación en las Actuaciones Previas, el ponente expondrá una serie de ejemplos de resoluciones en materia de responsabilidad contable, analizando alguna de las más recientes, además de explicar las particularidades de la fase de actuaciones previas de instrucción, propias de la Sección de Enjuiciamiento. Wednesday, 16: The audit and legal consequences of public procurement Under this theme, the second day of the conference will be held , Wednesday 16. Throughout it, the experience of the Court of Auditors on the control of public procurement will be presented first. This intervention will be carried out by the President of the Institutions Inspection Section, Javier Medina, who after referring to the different phases by which the Courts performance has been progressing, in terms of contract control since Organic Law 2/82 , from May 12 to the present, will expose the projects and challenges of the Institution that arose with the entry into force of the new LCSP. Next, it will be the Audit Counselor of the State Economic Administration Area of ??the Court of Auditors, Manuel Aznar , who takes the floor to present the keys to the audit in the field of contracting; although, in this case of a contractual modality of public-private collaboration in the light of the new Law. After him, Encarnación Montoya, President of the Court of Contractual Resources of the Parliament of Andalusia, will talk about the assignments on their own, and the Chief Legal Officer of the Andalusian Chamber of Accounts of the Chamber of Accounts, Beatriz Idígoras , will analyze the supervision of public sector contracting in the autonomous communities. Subsequently, two lawyers from the Board of Andalusia , Marilola Pérez and Antonio Lamela , will participate on the new scope of subjective and objective application of public sector contracting and the procedures for awarding the new Law regarding minor contracts, respectively. And, after the presentation on the impact of the new Law in the field of research, by the head professor of Administrative Law of the University of Seville, Roberto Galán , the first discussion table of the day will be held, under the title : Prerogatives of the Public Administration. This day will also include the intervention of a representative of the Supreme Court, the Magistrate of the Third Chamber of the High Court, Jesus Cudero, who will speak about the recent jurisprudence of the Supreme Court in the field of public procurement, with special reference to the adjudication and accounting responsibility. The sessions of this day will conclude with the celebration of a round table, in which the protagonists will be representatives of the General Courts to give the parliamentary vision of the contracting of the public sector, including their opinion on the possible partial modifications to the current regulation arising of the practical application of the Law and the legislative challenges of the future. Thursday, 17: Public procurement, control and guarantees This will be the central theme to be exhibited on the last day of the day. This will include: the Professor of Administrative Law, a member of the García Oviedo Institute, Concepción Barrero , with a presentation on the problem in determining the solvency of the entrepreneur and remedies in the new Law; the lawyer of the Junta de Andalucia, Carmen Carretero , whose intervention will focus on the LCSP as an instrument to fight corruption; and the Property Registrar of Pamplona , Francisco Javier Gimeno , who will talk about public records and public procurement. After these interventions it will be the turn of the NGOs, which will be represented by Jesús Sánchez-Lambás, General Secretary of Transparency International-Spain. His presentation will focus on hiring the public sector from the international perspective of non-governmental organizations and will also talk about transparency and corruption prevention measures in public contract tenders. Subsequently, the President of INTELSYNET, Antonio Fournier, will focus his intervention on the ethical attitude of private companies in public procurement, and, after him, the Magistrat-Conseiller à la Chambre Regionale de la Cour des Comptes dIle-de -France, Philippe Lavastre. As presentations prior to the closing session, two presentations will take place: the first one by the Associate Professor of Administrative Law of the University of Seville, Juan Antonio Carrillo , on “the public purchase of innovation in public sector contracting”; and the second by the President of the Administrative Court of Contractual Resources of the Junta de Andalucía, Manuel Andrés Navarro, on the role of the courts of contractual resources after the last reform of the public procurement law. The closing session will be chaired by Meritxell Batet, President of the Congress of Deputies, and will be attended by the President of the Junta de Andalucía, Juan Manuel Moreno; the President of the Court of Auditors, María José de la Fuente, and the President of the Prosecution Section of the Institution, José Manuel Suárez Robledano; as well as the Rector of the University of Seville, Miguel Ángel Castro, the Superior Prosecutor of the AC of Andalusia, Ana Tárrago , the Dean of the Association of Registrars of Spain, Mª Emilia Adán , and the Vice President of the General Council of Notaries, José Luis Lledó . |
