El principio de proporcionalidad y los requisitos habilitantes en la contratación estatal.
The duty of objective selection as a rule in the formation of state contracts, requires the administrative authority to formulate enabling conditions in proportion to the object to be engaged and its value. The principle of proportionality, and its jurisprudential and doctrinal construction, is a ke...
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Format: | Article |
Language: | Spanish |
Published: |
2015
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5502214 |
Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 43, 2015, pags. 25-43 |
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Summary: |
The duty of objective selection as a rule in the formation of state contracts, requires the
administrative authority to formulate enabling conditions in proportion to the object to be
engaged and its value. The principle of proportionality, and its jurisprudential and doctrinal
construction, is a key element to prevent the relative discretion, which has been granted for the establishment of such enabling requirements, to be permeated by the arbitrariness, therefore it is sacrificed the purpose of duty of objective selection, which in this case is that those who hold the minimum conditions necessary for the provision of goods and services required are able to participate in the selection process. |
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