Riesgo interpretativo en la ley de contratación pública.

Abstract

Public procurement in Ecuador mobilizes billions of dollars annually, constituting a national economic pillar. In 2024, the State invested USD 7.996 billion in 450,426 contracts, predominantly by the Central Government and its public companies, as well as by decentralized autonomous governments. However, the regulatory framework is highly complex: the Organic Law of the National Public Procurement System (LOSNCP) and its regulations, along with more than 700 provisions of the National Public Procurement Service (SERCOP) and other sub-legal norms, generate legal uncertainty and discretion. On the other hand, the recent Organic Law on Public Integrity (2025) incorporates reforms for transparency and oversight, but modifies more than twenty laws, giving rise to lawsuits of unconstitutionality. Regulatory overlap has led to contradictions, delays, cancellations, and undue restrictions on competition, particularly affecting micro, small, and medium-sized enterprises (MSMEs). This study examines the doctrinal background, the current regime, and the impact of sublegality on Ecuadorian public procurement