Administrative Law in El Salvador
Administrative Law in El Salvador
Published on september 06 , 2023
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Kelly Melissa Cruz Benítez - Legal Collaborator
Despite going unnoticed, our daily interaction with the Public Administration is enriched with a series of rights and principles of which we are not always aware. Administrative Law refers to the set of rules, principles and regulations that govern the organization, structure and operation of public administration in the country. It is a branch of public law that deals with regulating the relations between the State and the citizens, as well as the relations between the different administrative bodies and entities. In El Salvador, Administrative Law is mainly regulated by the Constitution and the Law of Administrative Procedures, as well as by various other laws and regulations that establish the rights and obligations of the public administration and citizens in their relations with it.
The Public Administration in our legal system is made up of any body that materially exercises the public function, as established in Article 2 of the Administrative Procedures Law (LPA). The administrative function can be understood as the state activity at the service of the general interests that is carried out through powers or authorizations -certainly limited- that the law confers to the organs that perform this function. For example, municipal ordinances give the mayor's office the power to impose fines in cases of non-compliance with municipal rules or norms, in order to protect the interests of the municipality.
Likewise, the legal framework of Salvadoran Administrative Law regulates public procurement, establishing the principles and procedures to be followed in the procurement of goods and services by the public administration. It seeks to guarantee transparency, competition and efficiency in the use of public resources.
The Public Procurement Law of El Salvador establishes the legal framework and procedures to be followed for the procurement and contracting of goods, works and services by public institutions in the country. The main objective of this law is to promote transparency, competition and efficiency in public procurement, ensuring the proper use of state resources and equal opportunities for suppliers interested in participating in government contracting processes.
The law establishes different procedures to carry out public procurements, such as public bids, price contests and electronic auctions, among others. These procedures vary according to the value and complexity of the procurement. They are based on fundamental principles such as transparency, competition, equality, economy, efficiency and accountability. The National Directorate of Public Procurement (DINAC) is the body in charge of regulating and supervising the public procurement system in El Salvador. DINAC is responsible for establishing policies, standards and procedures for public procurement, as well as providing training and technical assistance to public institutions and suppliers. The law establishes the obligation of suppliers interested in participating in public procurement processes to register in the Registro Único de Proveedores del Estado (RUPES), administered by DINAC. Registration is required for suppliers to participate in public procurement. Finally, the law establishes that procurement processes must be transparent and published in the Electronic Public Procurement System of El Salvador (COMPRASAL), an online platform that allows public access to information on public procurement.
The Public Administration in our legal system is made up of any body that materially exercises the public function, as established in Article 2 of the Administrative Procedures Law (LPA). The administrative function can be understood as the state activity at the service of the general interests that is carried out through powers or authorizations -certainly limited- that the law confers to the organs that perform this function. For example, municipal ordinances give the mayor's office the power to impose fines in cases of non-compliance with municipal rules or norms, in order to protect the interests of the municipality.
Likewise, the legal framework of Salvadoran Administrative Law regulates public procurement, establishing the principles and procedures to be followed in the procurement of goods and services by the public administration. It seeks to guarantee transparency, competition and efficiency in the use of public resources.
The Public Procurement Law of El Salvador establishes the legal framework and procedures to be followed for the procurement and contracting of goods, works and services by public institutions in the country. The main objective of this law is to promote transparency, competition and efficiency in public procurement, ensuring the proper use of state resources and equal opportunities for suppliers interested in participating in government contracting processes.
The law establishes different procedures to carry out public procurements, such as public bids, price contests and electronic auctions, among others. These procedures vary according to the value and complexity of the procurement. They are based on fundamental principles such as transparency, competition, equality, economy, efficiency and accountability. The National Directorate of Public Procurement (DINAC) is the body in charge of regulating and supervising the public procurement system in El Salvador. DINAC is responsible for establishing policies, standards and procedures for public procurement, as well as providing training and technical assistance to public institutions and suppliers. The law establishes the obligation of suppliers interested in participating in public procurement processes to register in the Registro Único de Proveedores del Estado (RUPES), administered by DINAC. Registration is required for suppliers to participate in public procurement. Finally, the law establishes that procurement processes must be transparent and published in the Electronic Public Procurement System of El Salvador (COMPRASAL), an online platform that allows public access to information on public procurement.