Las potestades excepcionales del estado como herramienta para la garantía del interés general en el contrato público

Abstract

The investment of resources by state entities through state contracting, is aimed at satisfying the needs of the community and fulfilling the purposes of the state, legal businesses in which, the legislator has recognized the administration of the power of directors and control of the power of directors and control of the power to ensure the general interest inherent in the fulfilment of its object, which is regulated through the exceptional clauses or powers governed by Article 14 of Law 80 of 1993, measures whose application has been limited by the jurisprudential interpretations, in relation to the opportunity for their application and the nature of the contracts in which they may be exercised. As a result of the generality of article 14 of Law 80 of 1993, which is limited to classify type of powers into three types of contract, in which its mandatory, optional and prohibited application, groups in which a myriad of legal businesses that are usually held by State entities are excluded, that are paid for with public money and that involve the fulfillment of state purposes, but in which the development of control mechanisms are moderated by the absence of express regulation for the effect that has led to them being encased by jurisprudential interpretations and, in turn, limited in the times of their implementation situation that is problematic in view of the fact that it is through these mechanisms that, par excellence, the entities of the state can exercise the power of direction that has been recognized to them. It is therefore necessary to determine if the restrictions that have been imposed on the exercise of exceptional powers by jurisprudence affect or limit the exercise of the power of direction and control of the state in contractual activity.