Modificaciones al régimen especial de contratación de las entidades sin ánimo de lucro en Colombia

Abstract

The special hiring regime enshrined in article 355 of the Political Constitution confers on the national and territorial government the power to support activities of public interest of non-profit entities. From its regulation in the year 1992 until 2017, the so-called contracts of public interest and whose application is exceptional, were made directly and under a special regime. Notwithstanding the above, in practice and in accordance with the reports of the control entities, this figure has been applied in a wrong way and exceeded by the different public entities, to the point of becoming, in many cases, the general rule, overflowing the regulations and causing detriment to the treasury and the general interests of the State. For this reason, it was subject to new regulation by the executive through Decree 092 of 2017, in order to mitigate the risks of corruption, evidenced extensively by the media. This document addresses this problem from the point of normative and documentary analysis, in order to determine if the different regulations issued by the national government have contributed to mitigate the risks of corruption in contracting with non-profit entities in Colombia.