Publicación:

Alcance de las potestades reglamentarias de la agencia de contratación estatal Colombia Compra Eficiente

Resumen

This project was developed in three chapters, where we were committed to establishing and carrying out the conclusions to our approach to the problem. It is important to bear in mind that from the Political Constitution specifically in articles 189 and 355 the President of the Republic is empowered to exercise the regulatory power, by issuing the decrees, resolutions and orders necessary for the fulfillment of the law, such as It also refers to the fact that the National Government will regulate the execution of budgets in relation to state contracting. For its part, the Legislature, by issuing Law 80 of 93, distributed the powers related to the application of the rules in relation to contracting, this being a challenge to generate precise and unified public policies in this matter to avoid arbitrariness in the execution of public purchases. In this sense, legal tools such as Price Framework Agreements were introduced through Law 1150 of 2007. Therefore, in the 2010-2014 Development Plan, the need to have a body with specific functions was raised from there, in the absence of a governing body to improve contractual management in fiscal matters and the execution of public spending. For this reason, this proposal was materialized through Decree 4170 of 2011 as in the creation of the Colombia National Efficient Purchase Agency, as a Special Administrative Unit of the decentralized Order of the Executive Branch of the National Level, attached to the National Planning Department. However, from the application of the functions that are defined in article 3 of Decree 4170 of 2011, in legal practice it has generated tensions around the principle of legality, because Colombia Compra Eficiencia has the power to issue guides and manuals Through which it has tried to regulate some aspects of state contracting, thus granting itself the regulatory power that resides in the head of the President of the Republic. From this, the legal problem arises, regarding the scope of the powers granted to the National Contracting Agency Colombia Efficient Purchase in terms of regulation of the public procurement system.