Automatically translated from Basque, translation may contain errors. More information here. Elhuyarren itzultzaile automatikoaren logoa

The Court agrees with the Community Neighbourhood Prevention Service teams

  • The Administrative Tribunal for Public Contracts of Navarre (TSJN) has unanimously decided to annul the file on the organisation of summer colonies used by the City of Pamplona and has given the right to the appeals submitted by the teams of the Community Prevention Service.
Artikulu hau CC BY-SA 3.0 lizentziari esker ekarri dugu.

24 July 2020 - 12:01
Zarata mediatikoz beteriko garai nahasiotan, merkatu logiketatik urrun eta irakurleengandik gertu dagoen kazetaritza beharrezkoa dela uste baduzu, ARGIA bultzatzera animatu nahi zaitugu. Geroz eta gehiago gara, jarrai dezagun txikitik eragiten.

The resources were presented individually by the Bidebri Association of Mendillorri, the Federation Errotxapeko Batean, the SinarZubi Federation of Txantrea, the Aldezar Association, the Yoar Association of Arroswaukee - Azpilagaña, Etxabakozelrik Bizirik, Buztintxelando Metza. These groups did not accept the conditions imposed by the City Hall, that is, modify the contracts, suspend the activities scheduled for summer in the neighborhoods and assume the responsibility of the municipal colonies.

The court has defended the arguments of the Community groups and rejected the justifications of the municipalities. The opinion states that COVID-19 legislation does not alter the application of public procurement rules. It therefore considers that no change can be made if it is not because "there are reasons of public interest that justify them and with the limits set by this legal standard". In other words, the regulation on the coronavirus pandemic cannot act as an enabling title to contractual changes, and in each case the public interest must be justified and concretized.

The court has also stated that the justification offered by the City Hall "is not sufficient" because "it is not explained why summer activities included in the initial contract cannot be carried out and why it is considered appropriate to replace them with camps or colonies that are carried out independently and independently in other years". Thus, it dismisses the reference made by the City Council to the impossibility of carrying out activities in the neighborhoods for reasons of health risk, due to the lack of concretion and the arguments used.

The decision also clarifies whether the modification of the contract was provided for in the specifications and concludes that the City Hall’s approach affected the essential content of the contract.


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