The Unconstitutionality of Articles of the Public Procurement Law
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This paper is the product of a technical research study on Constitutional Law and Human Rights, which analyses the content of the provisions established in the Organic Law of the National Public Procurement System, in which there are articles that limit and violate fundamental rights guaranteed by the Constitution and international treaties on human rights, including legal certainty, effective judicial protection and due process, given that in the process of claims for unilateral termination of contracts and in public contracting processes, the law under analysis provides that these acts of th...
This paper is the product of a technical research study on Constitutional Law and Human Rights, which analyses the content of the provisions established in the Organic Law of the National Public Procurement System, in which there are articles that limit and violate fundamental rights guaranteed by the Constitution and international treaties on human rights, including legal certainty, effective judicial protection and due process, given that in the process of claims for unilateral termination of contracts and in public contracting processes, the law under analysis provides that these acts of the public administration "are not susceptible to constitutional actions", which means that this specific provision of a norm inferior to the Constitution is totally contrary to a State of Rights and Guarantees, where the rights of man prevail over those of the State.
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