Abstract

CABALLERO PALOMINO, SERGIO ANDRÉS; CRUZ CADENA, KATERIN YULIETH  and  TODARO MURGAS, ZORAIDA ROSA. The obligation of the amend action in domiciliary public services. Justicia Juris [online]. 2016, vol.12, n.1, pp.65-77. ISSN 1692-8571.  https://doi.org/10.15665/rj.v12i1.888.

The action of amend and appeal are procedural instruments to exercise the right of defense, contradiction and double instance against decisions taken by the authorities with public functions. In the general scope, under Article 76 of the Administrative procedures and Contentious Administrative Code. the administrative appeal is optional, and the appeal may be brought directly against superior to resolve, modify or reverse the initial administrative act; but in the specific field ofpublic services, Article 159 of Law 142 of 1994 it provides that an appeal may be brought only in a subsidiary way to amend, ie the amend action becomes a mandatory resort contrary to the tenets of the Administrative procedures and Contentious Administrative Code. Therefore, the aim of this research study to determine whether the obligation of the appeal constitutes a guarantee or a negative charge to the user of public services in Colombia. As a result of the investigation it was found that in terms ofpublic services, the users have to appeal for reinstatement of compulsory and must file the appeal in the alternative, a term offive working days, turning this into a negative charge against the user since in many cases if the appeal lodged direct way, it is denied and not from any action, the users lose their chance to claim.

Keywords : Amend; reconsideration; appeal; warranty; negative charge; public services.

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