Presupuestos Jurídicos Habilitantes de la Celebración del Convenio de Asociación entre una Entidad Pública y una Entidad Privada sin Ánimo de Lucro

Abstract

According to article 355 of the 1991 Political Constitution of Colombia, the Government may, with the resources of its respective budgets, sign contracts with non-profit private entities of recognized capability in order to promote programs and activities of public interest, in accordance with the National Plan and sectional development plans. Even though the constitutional statement is quite clear and concise, the Colombian legislator has issued a series of sometimes confusing and contradictory regulations, where various nominations were used to call the Association Agreement, or to simply attribute properties to it that do not correspond. Law 489 of 1998, in its article 96, continues the line of the constitutional provision, however, from general lines. The Decree 092 of 2017, enshrined specific rules of the Association Agreement, which differentiate it from similar instruments such as the Inter-administrative Agreement and Inter-administrative Contract. On the other hand, the Council of State has also shown itself to be ambiguous, an issue that makes it even more difficult to specify the enabling legal assumptions of the Association Agreement.