The planning principle in government contracts, a non-typified principle

Abstract

Contracting with the government in Colombia has been configured within the principles framework guiding such activity, including the planning principle. This can be seen when reviewing sentences from the Council of State and the Constitutional Court, as well as in doctrine, where the interpretation of the aforementioned principle is developed in terms of concept and scope, among others. Nevertheless, this principle has not been correctly typified according to the normative framework of public contracts. However, after a systematic revision of applicable norms and legal and doctrinal sources, it can be identified. In this article, the presence of a planning principle for establishing contracts with the Colombian government is suggested, a result from a systematical process of source interpretation, as well as the consequences of not applying it in the contractual process. This is the reason why the planning principle is considered the cornerstone of State contracts, due to its role as the central cog for the process.