LA APLICACIÓN DE LOS PRINCIPIOS DE LA CONTRATACIÓN ESTATAL EN LA CELEBRACIÓN DE CONVENIOS DE ASOCIACIÓN

Abstract

The purpose of this article is to analyze the scope of the application of the principles of state contracting with private non-profit entities provided for in the second paragraph of article 355 of the Political Constitution of Colombia and currently regulated by Decree 092 of 2017.

Since the seventh article of Decree 092 of 2017 provides that contracting with non-profit entities is subject to the principles of state contracting and the applicable budgetary regulations, this provision must be understood in a broad sense, including the mandatory nature of the principles. based on which the administrative function provided for in Article 209 of the Political Constitution of Colombia is developed, added to those of the contractual actions of state entities, those provided for in Law 80 of 1993 and the Organic Budget Statute.

To address association agreements and be able to conclude whether the contracting principles are effectively applied in their conclusion, particularly the principle of economy as that which requires that contractual actions be carried out in a timely, planned manner and that the general interest is satisfied. , legal dogmatics have been used, carrying out a systematic analysis of the contracting regime with non-profit entities and resorting to normative, jurisprudential and doctrinal sources.