People with disabilities

The Supreme Court (SC) has confirmed that it is legal for an administration to "reserve" certain public contracts (for example, a cleaning service) so that only special centers of employment of social initiative can bid, and that this reservation does not violate the principles of equality of treatment or proportionality.

The case stems from the complaint of a confederation of special employment centers, which argued that this regulation harms other special employment centers that are not of social initiative (those known as entrepreneurial initiative ), because it prevents them from participating in these reserved tenders. Both the Contractual Appeals Board and the Superior Court of Justice had already rejected the appeals against the specifications.

The SC explains that the purpose The reservation is social and legitimate, to promote social integration and employment of people with disabilities. Also, remember that the European regulations allow States to reserve contracts for entities whose main objective is precisely that integration.

According to the Supreme Court, social initiative centers are in a better position to fulfill that objective because, in general, they are mostly promoted by non-profit entities or with a social nature and reinvest all their profits in creating employment for people with disabilities and improving their social economy activity. Therefore, excluding centers that do not meet these requirements is not considered a "whim" so it is not arbitrary , does not go beyond what is necessary, and does not imply an artificial restriction of competition.

As background, the TS itself had already endorsed this idea in a previous judgment, emphasizing that the total reinvestment of profits is an objective criterion linked to that social purpose.

If you feel harmed and dissatisfied with an administrative action, our professionals can advise you in defending your rights