article
Collective law: “administrative morality” in government contracting. Strengthening of the principles of administrative law
El derecho colectivo: “moralidad administrativa” en la contratación estatal. Fortalecimiento de los principios del derecho administrativo;
O direito coletivo: "moralidade administrativa" na contratação estatal. Fortalecimento dos princípios do direito administrativo
Autor
Villamizar-Schiller, Eddy
Institución
Resumen
As a result of the susceptibility to corruption of public contracts, a broad range of questions from the public has been generated about the management of public resources. This concern has led to the implementation of several legal mechanisms focussing on eliminating such abuses. One such procedure is the Popular Action that is one of the best means for protecting Collective rights. Nonetheless, the implementation of this procedure presents a number of legal questions about its practical application. These range from possible prejudice to contractor's rights to judicial difficulties in delimiting and specifying the morality of state contracts as a guide to collective rights. This article constitutes a bibliographic review of the subject, and finds that "Collective Rights" encompasses traditional ethical principles of Administrative Law, such as "General Interest" and "Common Wealth". The challenge to administrative morality is to construct, as a new chapter of Administrative Law, a defence of human rights and community interest in the management of public resources.