El indebido traslado del deber de planeación contractual en las asociaciones público-privadas de iniciativa privada

Privately initiated public-private partnerships are distinguished by the fact that the project is primarily proposed and driven by a private entity. Although the initial structuring originates in the private sector, public authorities – by virtue of their obligations under the duty of planning – also contribute to the structuring process and are ultimately responsible for evaluating the project’s feasibility. In light of this, the article argues that private developers should not bear sole responsibility for errors arising during the structuring phase. This position is supported by the legal obligations inherent in the principle of contractual planning, which are incumbent upon the contracting authorities, thereby rendering it inappropriate to transfer full responsibility to private actors