Abstract

ALVAREZ-PATINO, Luz Astrid. The regulatory power of the Agencia Nacional de Contratación Pública - Colombia Compra Eficiente (National Public Procurement Agency - Colombia Efficient Purchase) within the legal source system of state procurement. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2020, vol.50, n.132, pp.50-79.  Epub Mar 01, 2021. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v50n132.a03.

Between the strong law-only regulation, a statute of principles, and the administrative autonomy; Colombia Compra Eficiente was created as the governing body for state procurement and its instruments produce certain alterations in contractual dynamics. Hence, based on a dogmatic legal positivist investigation and qualitative approach, in which documentary techniques prevail, the public entities' inquiries and interviews, the possible normative competencies of this entity are studied, discerning their nature, reach, effects and impact within the source system. It is noted as the main conclusion based on the stand assumed by Colombia Compra Eficiente, supervisory agencies and experts in the subject that, due to material reasons, the legal instruments have the quality of authentic laws within the legal source system which restrict the autonomy and discretionarily of public entities and impose strong challenges regarding their scope, control and legality.

Keywords : Colombia Compra Eficiente; sources of administrative law; regulatory power; law-only regulation; administrative autonomy; soft law.

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