Abstract

RUA FLECHAS, Marissa; ARBELAEZ RESTREPO, Juan Carlos  and  CASTRO BELTRAN, Harol. Planning of Public Works Contracts in Colombia: Principle, Duty or Requirement? Obligatoriness and Consequences of its Inapplication. Opin. jurid. [online]. 2019, vol.18, n.37, pp.93-115. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v18n37a3.

This research inquires on the planning principle on state contracts for public works. Different laws such as the 80th from 1993 and 1150th of 2007 rule about this principle from which management doctrine and legal rules derive the requirements for state contracts. For the inquire a qualitative method is used and descriptive analysis is supported on law hermeneutics. The recent ruling from the Council of State considers the planning principle as essential for state contracts. If not present, the absolute nullity of the contract is stated, controverted in dissenting opinion and resolution of writs for protection of fundamental rights, considering that the causes for nullity are taxative and does not come from law interpretation. This paper concludes that this principle-duty is of the most importance for its capacity for controlling contracting and stopping corruption. A normative modification is proposed as well as a previous divulgation of the planning components for guaranteeing the compliance with the normative without discouraging private sector activity.

Keywords : public function; general interest; participation; contract validity; planning principle, contract nullity.

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