Publicación:

Incidencia de la planeación como “Principio Innominado” en la Contratación Estatal en Colombia a partir de la ley 80 de 1993.

Resumen

Planning is a principle that plays a very important role in the framework of state contracting in Colombia, since the correct planning in the pre-contractual stage is the key for the conclusion of contracts by the State to be adequate and efficient. However, this is not nominated in Colombian law as an independent principle, but is derived from the principle of economy established in the article 25 of law 80 of 1993, subsequently regulated in the law 1150 of 2007; because of that, there have been conflicts regarding the relevance that planning may or may not have in contracting and the possible consequences of not being properly applied, that is why it has been the Council of State through jurisprudence, which has developed the topic and has created precedents about the importance of the planning principle, its scope and its consequences. In this paper, the planning is ratified as an “unnamed principle” but fundamental in the development of state contracting in Colombia, as a result of the analysis of the different concepts and / or pronouncements issued by several Colombian entities and institutions including among them the Council of State, the Constitutional Court, among others. Likewise, its scope and the main consequences of the improper or non-application of the planning principle in the Colombian contractual process are indicated.