Las uniones temporales y consorcios en las asociaciones público privadas y el principio de libertad de empresa

Abstract

Through this article, It will be shown a general analysis of the administrative contract as well as the general principles of public contracting and, in particular, the role played by the subjects, especially by the actions of public-private partnerships, in front of the role played by the Temporary unions and consortia today.

Through this essay, it will be shown the problem regarding the Public Private Associating APP modality when it is not possible for a temporary union or a consortium to be part of this type of contract, a situation that in this document seeks to resolve by verifying the legality of the 22 1 Abogada, Especialista en Derecho Administrativo y en Derecho Contractual. Artículo para optar al grado de Magister en Contratación Pública y Privada. 48 dispositions contained in the law 1508 of 2012 in this respect and in opposition to the postulates of the right to freedom of enterprises. Therefore, having already identified what corresponds to the elements of the contractual relationship and the subjects that can act within the state contract, arise a need to expose the freedom of business as a very important right for the economic development of a State, and its proximity in contracting to plural structures such as temporary unions and consortia, a situation that must be analyzed from the academy in order to establish to what extent that limitation is or is not violating a constitutional right.