TITLE:
The Economic-Constitutional Principles in Public Private Partnerships in the Framework of Human Rights
AUTHORS:
Ma. Enriqueta Mancilla Rendón
KEYWORDS:
PPP, Economic-Constitutional Principles, Public Private Partnership Act
JOURNAL NAME:
Modern Economy,
Vol.6 No.12,
December
23,
2015
ABSTRACT: In the last decade the
federal government has developed projects with alternative mechanisms to the
traditional way of financing in order to offer quality services and
infrastructure that the traditional schemes could not provide in an efficient
and timely manner. The aim of this paper is to analyze the coherence, consistency,
ambivalence or ambiguity of the legal concept of Public Private Partnerships
(PPP), from the legal logic of economic principles in constitutional law and
the link with human rights, and transparency in public spending. Its main
premise is that the State has an obligation to guarantee fundamental rights. It
is a descriptive study of transactional cutting with legislative methodology.
As a result of the study it is important to understand that a new analysis of
the Public Private Partnership Act is necessary to learn about its
effectiveness, or if appropriate, to determine the State’s obligation when
making Public Private contracts with economic entities that do not comply with
the social order, acting in detriment of the citizens.