Resumen

MENDIETA PINEDA, CARLOS RICARDO. Public-Private Partnership Contracts: Limits on Contributions from the State's Public Budget. Rev. Derecho Estado [online]. 2022, n.53, pp.341-374.  Epub 15-Ene-2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n53.12.

The decision-making process of the public sector to provide public goods and their related services through Public-Private Partnerships (PPP) schemes and, based on these, establish remuneration schemes charged to the public budget, must be in accordance with certain validity requirements set forth in the Constitution and the law. Requirements that guide, direct, limit or delimit the exercise of the administrative function of the State for the effective realization of the ends pursued by its actions.

In order to verify the conformity of the administrative decision with the requirements of validity of the act, it is the responsibility of the public sector to carry out, prior to contracting, a set of evaluations that allow it to establish the possibility of achieving the aims pursued with the contracting, however, the decision-making process, by its nature, faces particular market failures linked to asymmetric information and imperfect competition that affect this possibility. The failures indicated invite us to inquire about the possibility of achieving the aforementioned ends in the presence of this type of event or situation.

Palabras clave : Public-Private Partnerships; contract validity requirements; reasonableness; proportionality; market failures; imperfect information; imperfect competition.

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