Consecuencias de la inobservancia del principio de planeación en la contratación estatal

Abstract

In the Colombian legal system, the principle of planning the State contracting is a duty of the entity to identify the situation in which is at the time prior to initiating a selection process and establishing object, terms, official budget, obligations of the parties, among others, with the purpose of satisfying a need of general interest. The non-observance of This principle causes great damage to the entity, the parties, the community and the fulfillment of the purposes of the State, bringing with it detriment to the patrimony public and the non-execution or partial execution of the contract. The present article seeks to define the importance of the principle of planning in the pre-contractual stage, identify the constitutional and legal framework of the planning principle, and analyze the statements of the Council of State, to reflect on the contractual consequences resulting from non- compliance with the principle of planning in state contracting.