Análisis de facultad discrecional en la determinación del giro específico del negocio.

Abstract

It’s common knowledge that the interest of the public administration should be the public interest, interest that the administration is required to serve, taking this into consideration, the public administration should make good use of the public resources and also all of the actions from the public administration and its representatives should be adjusted to the law. This investigative work seeks to determine whether the specific line of business contracting mechanism contemplated under the special regime in the article 2 of the Ley Órganica del Sistema Nacional de Contratación Pública lends itself to abuse, this is, if under the pretext of safeguarding the state order and to achieve the common good, this mechanism, that should be used to speed up hiring in order to meet the needs of the people, is used as a facilitator to bypass the common regulatory framework in order to make direct deals, as we will see in this work, the person that determines what is considered an activity within the specific line of business is the General Director of the Servicio Nacional de Contratación Pública and once this is approved via resolution, the same requesting entity issues its own regulation that allows it to effect the determine it’s own way of contracting by using this mechanism.