:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/46FVDNBE5ZWX67CCWOMVRENULA.jpg "A person can have two or more employment contracts with the government, the Council of State has concluded")
By decision of Board of statefrom the date natural people they will not be prevented from have two or more contracts of job with the Colombian government. The measure was known in the last hours by snail radio.
“#ATTENTION Individuals can have 2 or more contracts with the State. @CaracolRadio has learned of the decision of the @ConsejodeEstado which decrees the provisional suspension of the paragraph of Presidential Directive 08/22 which prohibits it”, reported the Bogota radio station via its Twitter account.
It is worth remembering that, by Presidential Directive 08 of 2022, the Presidency of the Republic he conferred “measures to strengthen the rationalization, probity and efficiency of public expenditure, in the principles that govern the public service, enshrined in Article 209 of the Political Constitution”.
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The objective of the standard, according to the Colombian government, is to rationalize state expenditure by reducing 30% of service delivery contracts. According to the director of the Administrative Department of the Presidency (Dapre), Mauricio Lizcano, the State would save 4 trillion pesos in the next four years.
“It will save a billion pesos a year just in compliance with this presidential directive. Moreover, it evokes very strong issues of the fight against corruption, which, I believe, is a good message for public opinion”, declared the director of Dapre last September.
Concretely, in the “Resource optimization measures in public procurement” section of the presidential directive, the Presidency of the Republic specifies that the entities belonging to the Executive branch They cannot justify that a person has several contracts for the provision of services with the Colombian State.
“Public entities cannot justify the execution of contracts for the provision of management assistance services due to insufficient personnel to evacuate the respective works, if these contracts are signed with natural persons who already have other service provision contracts with other public services entities, which they will check beforehand on the SECOP platform. Nor if there is a permanent vacancy in their personnel factories for more than 6 months”, it reads in Presidential Directive 08 of 2022.
Regarding the issue, when publishing the document, the director of Dapre pointed out that, based on the above, “the state can only hire a person in the case of public management support activities”.
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The direction at the moment generated controversy between public opinion debido a que con ella no solo por la affectation que ocasionaría en miles de onctratistas, sino también por el limitante que estaría poniendo a la autonomy de las entidades estatales, así lo indicaó la Review Week.
In dialogue with the Bogotá publication, criminal lawyer Francisco Bernateruled that: “Despite its praise, this circular is illegal by establishing an incapacity to contract which is not provided for by law, and incapacities to contract have legal reserve”.
It should be noted that the circular of the Public Service also established the ‘Streamlining in the contracting of studies’In other words, before an entity signs a study or a design, it must, according to the document, verify that there is no record similar to it.
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The above, in accordance with the guideline, aims to determine “whether it is possible to use, totally or partially, the studies which already exist, to achieve the objective which is proposed, or whether it is necessary to update, complete, the study or design already in place, in which case the principles of public procurement will be applied”.