| dc.description.abstract | On the legal stage, principles and rules, are conceived either as constituent legal rules of the legal system. However, despite the pursuit of differentiators, doctrine and jurisprudence have not found a conceptual distinction, allowing affirming with crystal clarity the contextualization of each term, in the interpretation and application in the Contracting State, only running to point out some differences related to the validity, the application context, universality, the rigidity and the scope of responsibilities. However, the rules are mandates do, allow, or prohibit that usually is structured by a few cases in fact and legal consequences, are the mute of the duty to be, unto the fulfilling of the content established in them. While the principles, are rules ordering that do something to the fullest extent possible, within the existing legal and real possibilities, which become in terms of optimization, which in a given case may be met in different degree. In Colombian law, objective selection is treated as beginning of the Contracting State and conceived as duty-rules of conduct-contractual activity, as well as a guiding principle of the selection processes. While the jurisprudence for the objective selection, it is a rule of conduct of contractual activity and a principle, which guides the bidding, processes, allowing the choice of the most advantageous offer for the collective interests pursued by the recruitment.
While the doctrine and the jurisprudence accept either the duality of the objective selection, is considered that you for there is a legal basis, it should support first, in a contractual relationship, and two in the legal precepts. To make allegations of criminal, disciplinary or fiscal responsibility by action or omission of the public servant, whereas conceive the objective selection as a legal mandate for a particular contractual relationship, not sense, it is not possible such allocation due to the abstract and indeterminate nature of the principle. | |
