Abstract

BARRETO MORENO, Antonio Alejandro. From incapacities and incompatibilities in state procurement regime to clampdowns and conflict of interests, a reformatory project with sanctioning goals. Rev. Derecho [online]. 2017, n.47, pp.105-137. ISSN 0121-8697.

The present paper evidences the tendency of Constitution and Law generating agents towards a preference of a sanctioning model in the government's procurement regime of incapacities and incompatibilities and highlights its interest in punishing through administrative law in order to keep a straight tendency that seeks to nourish punitive policies in the legal establishment, reacting to social claims that expresses itself by means of mass media and social networks that demand efficient results from the state. Additionally, it's undoubtable that this approach by the legislation it's oriented by international organizations which Colombia wishes to permanently adhere, like the Organisation for Economic Co-operation and Development (OECD); a position that explains the recently approved improvements and projects aimed to make a structural review of the present government procurement market, like the one beholden by the Agencia de Contratación Colombia Compra Eficiente (CCE), that complies to same goal by pretending to replace the regime of incapacities and incompatibilities with a model of clampdowns and conflict of interests.

Keywords : administrative law; sanctioning law; state procurement; legislative reform; Agencia de Contratación Colombia Compra Eficiente; regime of incapacities and incompatibilities; clampdowns and conflict of interests.

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