Abstract

VELASQUEZ MUNOZ, CARLOS JAVIER  and  ORTIZ IGLESIAS, MARÍA JOSÉ. Stimulative Contracts as a Technique of Administrative Intervention in Colombia. Rev. Derecho Estado [online]. 2023, n.56, pp.305-333.  Epub May 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n56.11.

Bearing in mind that the Public Administration must direct its action towards achieving the goals of the State, on some occasions it uses private initiative to fulfill said purpose. Within the various forms of administrative intervention, there is one that perfectly interprets the above: the Stimulative or Promotion activity. This form of intervention appeared in the 1886 Constitution, however, it was misused and ended up becoming a means of corruption. Precisely, one of the great achievements of the 1991 Constitution was to prohibit, in article 355, any of the branches or bodies of public power from decreeing aid or donations in favor of natural or legal persons of private law, however, with the intention to maintain the promotion activity, this article incorporated an exception, the possibility to celebrate contracts with non-profit entities of recognized suitability. Considering the above, this research article analyzes the promotion contract, with the purpose of examining its normative and jurisprudential development to establish its scope and current application and, above all, to verify if it has stopped the corruption that has historically been attributed to it. This article has been the result of a legal investigation based on the exhaustive analytical review of secondary sources of a legal nature.

Keywords : Public Administration; Colombia; public procurement; public interest agreements; association agreements; Administrative Law.

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