This Decree-Law approves the Public Contracts Code (CCP), which establishes the rules applicable to public procurement and the substantive regime for public contracts that are administrative contracts. This is the first piece of legislation with such a dual purpose in the Portuguese legal system, and therefore represents an important milestone in the evolution of national administrative law and, in particular, in the field of contractual activities within the Public Administration. In addition to aligning with the most recent Community directives, which are transposed here, the CCP also re-systematizes and standardizes the substantive regimes for administrative contracts, which had previously been fragmented. The Public Contracts Code transposes Directives 2004/17/EC and 2004/18/EC, both of the European Parliament and of the Council of 31 March, as well as Directive 2005/51/EC of the Commission of 7 September, and also Directive 2005/75/EC of the European Parliament and of the Council of 16 November.
The Public Contracts Code (CCP) (Código dos Contratos Públicos - CCP), aims to establish a comprehensive legal framework for public procurement and administrative contracts in Portugal. Its main objectives include: 1. Legal Harmonization and Codification (Unifies and systematizes previously dispersed legal norms governing public contracts and Fills legal gaps and simplifies procedures to ensure clarity and consistency). 2. Alignment with EU Directives (Transposes and integrates European Union procurement directives to ensure compliance and facilitate cross-border competition). 3. Modernization of Public Procurement (Promotes the use of electronic procurement and adapts to technological advancements and Encourages innovation through requirements for research and development projects in high-value contracts). 4. Transparency and Legal Certainty (Enhances transparency in procurement processes and provides legal stability for economic operators). 5. Efficiency and Cost-Effectiveness (Streamlines procedures to reduce administrative burdens and improve the efficiency of public spending). 6. Flexibility and Financial Innovation (Adapts contract execution rules to modern financing techniques, such as project finance and asset finance, especially in concession contracts). 7. Anti-Corruption and Risk Management (Supports mechanisms for identifying and mitigating corruption risks in both the formation and execution of public contracts).