The Association of State Lawyers of Spain has concluded that no special qualifications or specific education are required to sign tender documents at the Universidad Complutense de Madrid (UCM). This conclusion follows a request from the judge investigating Begoña Gómez, the wife of the Prime Minister, who sought clarification on the matter.
Judge Juan Carlos Peinado, who is handling the case concerning possible irregularities in the management of the department Gomez headed at UCM, reached out to the Association with a request for an official analysis. He was interested in the educational and professional requirements for individuals who sign or prepare tender documents used in the contractor selection process for public contracts.
In a response sent to the court in early December, the Association noted that it could not serve as an expert in the case, as this could compromise its neutrality. Nevertheless, the organization provided the court with information on the current legal regulations governing the preparation and signing of such documents.
Legal nuances
In its opinion, the Association of State Lawyers emphasized that Spanish law does not require that only representatives of a certain profession or holders of a specific degree prepare or sign tender documents. This means that various employees can carry out these actions, and special qualifications are not necessarily required.
The Association also pointed out that the laws do not contain the concept of ‘reserving’ this function for any particular government body or group of specialists. Thus, formally, no one is restricted from signing such documents if the institution’s internal regulations allow it.
Judicial proceedings
The case in which this inquiry was made involves suspected irregularities in the management of a department headed by Begoña Gómez. Investigators are interested in whether she had the right to sign documents related to tenders and procurement without holding a specialized qualification.
Judge Peinado requested clarification from the Association of State Lawyers to determine if Gómez’s actions were in accordance with the law. The Association’s response in effect eliminates the question of needing a specialized education to sign such documents.
The Association’s position
In a letter sent to the court, the Association emphasized that its participation in the case as an expert could compromise its impartiality, given that a representative of the Association is already involved in the proceedings. Nevertheless, the organization provided the court with clarifications on the substance of the issue, limiting itself to an analysis of existing legislation.
In conclusion, the Association reiterated that there is no law requiring that the preparation or signing of tender documents be carried out exclusively by individuals with specific qualifications or education. This rule applies to all state institutions, including universities.
If you weren’t aware, Begoña Gómez is the wife of Spain’s current Prime Minister, Pedro Sánchez. She held a leadership position at the Complutense University, where questions arose about her authority. The Spanish State Attorneys Association (Asociación de Abogados del Estado) is a professional body that provides legal support to government agencies and participates in the drafting of legal opinions on public administration matters.
