The article explores how the European Court of Justice (ECJ) has instrumentalized international law in order to secure its constitutional agenda. It argues that the mediation of internal and external orders has been dominated by a constitutional logic. The fact that international integration is depended on domestic dynamics is not new. However, the EU shows is that the openness to an international legal scenario relies on the ‘constitutional surplus’ that is generated either by the inclusion or the exclusion of international law. In order to assess this interest–based internationalization, the paper deals with the principle of consistent interpretation (PCI). It shows how the PCI provides the malleability necessary to articulate the openness (or closure) of the EU legal system without having to deal with the formal repercussions of direct effect. The article explores the challenges that such loose application presents for the EU quasi-federal scheme.
Free trade and tariff advantages have paved the way to new contents that were not included in international trade agendas initially, but which have become central to negotiations nowadays. Foreign financing of public and strategic projects, judicial review and administrative regulation are new phenomena which have effects that transcend national boundaries. The social market economy based on free competition and deregulation are the ideal scenario to propose new global administrative and economic schemes. International organizations such as the WTO and the OECD have introduced concepts such as the “global administrative law” or the “single global economy”, which deserve to be analyzed from the perspective of public procurement as a fundamental tool of the State to fulfill public purposes. This paper aims to analyze regulatory aspects favorable to globalized interest, as well as solutions to conflicts in spaces that generate greater security and promote foreign investment.
This paper analyzes the conventionality control (judicial review conducted in the light of Inter-American human rights standards) undertaken by the Council of State of Colombia (the supreme administrative tribunal) in cases of extrajudicial executions or “false positives.” In particular, it focuses on cases in which the tribunal adjudicates controversies involving tort claims against the State. The study examines how the parameters dictated by the Inter-American Court of Human Rights have been incorporated into Colombian case law.
Public procurement is one of the main tools that States rely upon for policymaking. Public spending managed through public procurement plays an important role in fostering the national economy and promoting human and physical capital formation. Furthermore, it is instrumental in distributing resources and opportunities within societies. In recent years, the Colombian public procurement system has undergone drastic modification aimed at improving transparency, accountability and participation. Recommendations and standards have been provided by international bodies such as the OECD, which has also supported policy design, development and implementation in the context of Colombia’s admission procedures. Against this backdrop, this paper examines the role of the OECD in the production of national public procurement regulations, the mechanisms through which this agency interacts with local legal arrangements, the difficulties of the process and progress made.