Transparency in public procurement: the imperative of vigilant citizenship

Abstract

The latest corruption cases dominating the headlines in Spain highlight the need to establish control and accountability mechanisms in public procurement procedures. In contrast to proposals to create new anti-corruption bodies, strengthen existing ones, or use artificial intelligence, among others, this article aims to propose a new approach to the principles of publicity and transparency in public procurement, aimed at achieving greater citizen participation in the control of contract awards, as the main stakeholders. To achieve this goal, the methodology followed in this work consists of studying the regulations, case law, and doctrine of reference on the subject, with special emphasis on the interpretation of the principles of publicity and transparency by the Court of Justice of the European Union, proposing a shift in the traditional approach to these principles to encourage citizen participation. The main conclusion reached is the need to change the prevailing general disinterest into a vigilant citizenry.