Decentralization
Introduction
Administrative decentralization and regionalization in Colombia is established in the first article of the 1991 political constitution, which mentions that the Colombian nation, in addition to being unitary, is also "decentralized, with autonomy of its territorial entities."
The above refers to the possibility of transferring certain powers from the central administration to certain territorial entities.
General Participation System
The General Participation System (SGP) is the mechanism through which the Colombian national government transfers public resources to territorial entities (departments, municipalities and districts) in order to finance essential services such as health, education, drinking water and basic sanitation. These transfers are constitutionally established and regulated by laws such as Law 715 of 2001 and Law 1176 of 2007.[1].
From a legal and functional perspective, the SGP constitutes a manifestation of administrative decentralization in Colombia, by allowing subnational entities to exercise public powers assigned by law through the use of resources that are transferred to them from the central level.
In addition, the SGP is also classified as an instrument of fiscal decentralization, since it redistributes national income based on population, social and fiscal capacity criteria. However, the management of these resources is subject to regulatory conditions established by the national government, which limits the full autonomy of territorial entities.[2].
In recent years, various reforms have sought to reconfigure the design of the GSP, with the aim of strengthening territorial autonomy, improving equity in the distribution of resources and closing gaps between regions. These discussions are part of the debate on a more asymmetric and effective decentralization in the context of Colombian territorial planning.
Competition law
The Competences Law in Colombia refers to the regulatory framework through which the responsibilities and functions that the different levels of government must assume within the territorial system are defined. Its objective is to organize the provision of public services, guarantee fundamental rights and clearly assign administrative functions between the Nation, departments, districts and municipalities.[3].