Abstract

TABOADA CASTRO, Carlos Andrés; MADERO JIRADO, Carlos Julio  and  MORRON MAIGUEL, Leonel Concepción. Anticipated validity of the general code of the process for the administrative contentious jurisdiction. Justicia [online]. 2019, vol.24, n.36, pp.41-59. ISSN 0124-7441.  https://doi.org/10.17081/just.24.36.3517.

This article seeks to analyze the court ruling of the Consejo de Estado - Sala Plena de lo Contencioso Administrativo, dated June 25, 2014, C.P. Enrique Gil Botero, in which it was pointed out that the General Procedure Code began to regulate in full force on January 1, 2014, for the Administrative Jurisdiction. From this on, it will be determined whether or not the Sala Plena de lo Contencioso Administrativo has the competence to utter, by legal importance, documents that are addressed by the sections or subsections for this purpose; in the same way, it will be analyzed whether paragraph 3 of article 111 of the CPACA, despite being an ordinary norm, had the power to repeal paragraph 5 of article 37 of Ley 270 of 1996, LEAJ (Statutory Law of Administration of Justice). Therefore, a detailed study will be made of all the reasons given by the Plenary Chamber of Administrative Litigation of the Consejo de Estado, to indicate that the General Procedure Code entered into full regulation for the Administrative Jurisdiction since January 1 of 2014, making a dissertation on the competence of this judicial body to adopt such determination, the consequences thereof and the actual date of entry into force of the General Procedure Code for the Administrative Jurisdiction.

Keywords : Law validity; competence; General procedure code; Administrative Jurisdiction; Council of State; Superior Council of the Judiciary.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )