POLÍTICAS PRIVATIZADORAS DE LAS EMPRESAS PÚBLICAS EN COLOMBIA Y EN DERECHO COMPARADO
The crisis of the well-being State originated in the corruption, in the squandering of the public treasury, in political mistaken and in the multiplication of state entities is the cause of the privatizations. There have been exposed the diverse categories of privatization of the State, with the pur...
| Autor Principal: | Penagos Vargas, Gustavo |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | Spanish / Castilian |
| Publicado: |
Pontificia Universidad Javeriana
2004
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| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/vnijuri/article/view/14782 |
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| Sumario: |
The crisis of the well-being State originated in the corruption, in the squandering of the public treasury, in political mistaken and in the multiplication of state entities is the cause of the privatizations. There have been exposed the diverse categories of privatization of the State, with the purpose of achieving major efficacy in the public services, by means of the indirect, functional privatizations and with the denationalization. The Social State of Right, that reached a success and splendor after the second world war, has come in decay with the new stages of recession, entering in crisis situation by the surcharge and the deficit of financing, since in occasions, the public expenditure can be favorable to certain corporate interests with the detriment of the well- being of the community. The Colombian State in the Constitution of 1991 allows the privatization which finds in the law 226 of December 20/1995 his best mechanism of application, establishing the principles of democratization, equality, transparence, protection of the public patrimony, publicity and free concourse. Nevertheless the heyday that the privatizations have had in several countries, especially in the called industrialized countries, is occurring a return to the nationalization of the public services and of his entities loaners. Magic formulae do not exist that allow the States come out of the economic and social crisis, originated in the corruption, the squandering of the public treasury, the excess of steps, the bureaucracy, etc. The true thing is that modern States must do without the excess of entities and bureaucracy that do not consult his ends and strengthen the controls. The experience of several countries (England and Mexico) demonstrates us that some companies and state activities have had to return to the official sector. The experts recommend reinforcing the autonomy of the administration opposite to the changes of the political personnel. To reduce the grade of collegiality of the administrative organs, with the purpose of making them more effective in the fulfillment of his functions, with the individualization of the responsibilities of the administrative entities in a holder or manager.One emphasizes a more agile administration, basing his operation capacity on the electronic resources. The modern doctrine it’s orientated by a pondered study of the so called illegality of the administrative acts, with the purpose of making to prevail the substantial right, on mere steps or formalities that do not affect the end proposed by the norm; added to previous it’s the innovation of the evidential techniques in the contentious administrative. |
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