Marco regulatorio para la contratación internacional como proceso de excepción en las entidades del Estado

Abstract

Ecuadorian law determines that the international recruitment will not be governed by the rules issued for procurement at national level and that these processes are subject to the regulations of the country in which they are engaged. This arrangement leaves a limitless discretion apply to state bodies. Similarly, the opposition to the constitution with regard to the transfer of jurisdiction and sovereignty around conflict resolution adds. In this context, this paper will propose a regulatory framework for the pre-contractual procedures for procurement of goods and services internationally. Its purpose is to prevent indiscriminate use of the discretion of state agencies and anomie regarding the process to be followed with regard to international contracts. To propose the regulatory framework, the conceptualization of the basic principles governing public procurement will be discussed; the scope and impact of discretion in protecting the sovereignty and conflict resolution and the proposed procedure for the international recruitment as emergency rule.