The force of attraction of special regimes for the management of public resources in Colombia: the use of the Executive’s legislative powers for the creation of exceptions to the general regime of government contracting

Abstract

In response to the specific needs of certain public entities and the importance of addressing unmet requirements, the Colombian legislature, while issuing the General Statute on Public Administration Procurement, created exceptions to this statute by establishing special regimes. The creation of these exceptions should adhere to the highest standards of legislative rationality, ideally limiting their issuance to a single body and for only a few, predefined reasons, rather than allowing them to fall under Congress’s broader discretionary powers. This approach underscores the fundamental role of public contracting in fulfilling the purposes of the State. Additionally, the President of the Republic, exercising extraordinary legislative powers, has introduced multiple special regimes without substantial requirements, which has further blurred the notion of a general regime in public procurement with limited exceptions. This paper will examine the implications of the President’s creation of special procurement regimes through extraordinary legislative powers, advocating for a balance that enables agility, autonomy, or specialization for certain entities while upholding transparency and the ethical management of public resources. © 2024, Universidad Nacional Autonoma de Mexico. All rights reserved.