Funciones de la Agencia Nacional de Contratación Pública Colombia Compra Eficiente desde la Autonomía de las Entidades Territoriales

Abstract

The basic problem of this dissertation is to establish how do the functions of the National Public Procurement Agency Colombia Efficient Purchase impact the autonomy of territorial entities? The subject investigated is justified in that CCE is of recent creation, the function of normative implementation has had extensive development, is still in definition and presents a tendency to its amplitude and, finally, it interferes on the attributions of the territorial entities in the area The sensitive nature of contracting, due to the purposes it pursues to satisfy the general interest, the percentage of public resources it handles in terms of GDP and the frequent problems of corruption. The hypothesis proposed consists in maintaining that the regulatory functions of CCE have negatively impacted territorial autonomy, since they materialize a decrease in its scope of competence and discretion, that is, in the degree of freedom in the management of its interests. The foregoing, reflected in the recentralization and the inter-administrative coordination relationship –including informal mechanisms–. 8 This decrease in itself does not ignore territorial autonomy as the legislator has a wide margin of action, local authorities are preserved field of competence for the management of their interests, state contracting transcends the general interest of the entire population and also a satisfactory result is achieved in light of its aims, the principles that guide the subject, as well as the necessary coordination and capacity. In any case, derived from its condition of principle, the forms of participation must be strengthened and the legality of the sources must always be guaranteed in the restrictions that are imposed. To achieve the general objective of determining the way in which the CCE functions have impacted the autonomy of territorial entities, the following specific objectives will be addressed: 1. Define the dogmatic location of territorial entities in the organization of the State, the content and scope of their autonomy and the way in which they relate to the central order; 2. Analyze territorial autonomy in the field of state contracting, its scope and restriction; 3. Explain the functions of the CCE with an impact on territorial autonomy; and 4. Evaluate them to determine if they materialize a recentralization of functions and / or an inter-administrative relationship, if they diminish or violate territorial autonomy and in this case, how they could be adapted for their satisfaction. The dissertation is structured in four chapters, each one oriented by a specific objective, respectively, as follows: 1. Territorial organization; 2. Of territorial autonomy in contracting; 3. From the National Agency for Public Procurement Colombia Buy Efficient; and 4. Of the functions of the CCE from territorial autonomy. To this end, a review of the legislation, jurisprudence, doctrine and public information of CCE was carried out. Its study was carried out within the framework of an investigation of legal dogmatics, descriptive - prescriptive, legal and qualitative.