masterThesis
El Diálogo Competitivo como instrumento para la maduración de proyectos de infraestructura vial
Fecha
2016Autor
González Peña, Jair Alfonso
Institución
Resumen
In Colombia, throughout the Law 1508 of 2102, the legal framework for Public Private Partnerships (PPP or APP) was established, and with the approval of the Law 1682 of 2013, the transport infrastructure projects were regulated.
This thesis is to show the figure of the Competitive Dialogue as incomplete and insufficient procedure, appropriated like this by our legal system by the Law of PPP or APP in Spanish, seen from the perspective of the European Union, especially the Spanish, English and French models, since it lacks of most of its characteristic elements.
Subsequently, there is a critique to the Colombian Competitive Dialogue from the perspective of the European Union, as evidenced by their precarious internal figure against a procedure properly defined and organized by them.
Among the legal institutions adopted by the PPP law, the Competitive Dialogue is one of the procedures verified at the structuring stage of PPP contracts of public initiative, which records have the highest international recognition in the European Union (EU). This brought that figure to its legal system, through Directive 2004/18/EC, in turn repealed by
The thesis concludes with a series of conclusions and recommendations that are considered useful to rethink and restructure the Competitive Dialogue in road infrastructure projects in Colombia, a task that belongs to the National Congress, as the jurisprudence of the Council State has expressed, pretending to arouse a reflection and a normative modification in our country.