Vigencia, observancia y obligatoriedad de un principio innominado: el caso de la planeación

Abstract

In recent times, some of the main aspects of state contracting have been developed with greater force. Taking into account the importance that this topic has within the execution of activities of state entities, it has been identified that planning has gained great significance in the development of contractual execution, even without being a duly nominated principle within the state contracting regime. The need arises to investigate the nature, content and obligatory nature of planning as a principle and, being unnamed, it is relevant for the contractual development. Analytical consultations were made from the point of view of several authors and pronouncements of the High Courts that allowed to broaden the vision on the importance of the principles and especially the importance that planning has acquired in the development of the contractual processes.

With a mixed approach, applying legal research and field work in focus groups through surveys and interviews. It was found that its non-observance entails unfavorable consequences for the entities and the officials responsible for its application, likewise it is evidenced that although there is no lack of knowledge of the contractual issue that led to the research, there is not enough clarity regarding its origin and development, as well as the gap that may arise when applying contractual sanctions, since these have to be obligatorily linked to other normative figures that are those that allow the development of the planning principle for not being the same nominated and for which there are no directly related sanctioning typologies for it. By virtue of the importance given to planning as a principle.

From the precedents established by the Council of State with the binding force of its rulings, it is concluded that planning as an unnamed principle is in force, it must be taken into account mainly for the development of the contractual processes for having a mandatory force within the actions developed in each process, finished under which to give a greater strengthening to the subject, It is also important to give greater importance to the training on the planning and imposition of such principles in the development of the activities of the collaborators of the State and the feasibility of creating rules or sanctions explicitly against the nominated existence that it is considered should have the same.