Print version ISSN 0041-9060
SARMIENTO-ERAZO, Juan Pablo. THE INFRINGEMENT TO THE LEGITIMATE CONFIDENCE, A LEGAL SITUATION OF STATE LEGISLATIVE POWERS LIABILITY. Vniversitas [online]. , pp. 133-161. ISSN 0041-9060.
The present document portraits a research study made by the author for the investigation assignment required to obtain his degree of Masters in Law, which consists on an approach to the State legislative power's liability due to legislative service failures, accountability regime that comprehends both the absolute or relative omissions of the Legislator and the declared unconstitutionality of the law. This article treats subjects related to the normative instability derived from the continuous -and, perhaps, also utterly unexpected- changes of the legal ordering in Colombia. The author believes that the aforementioned situation, without a doubt, can unleash the administration's liability, especially when, from such events, unlawful modifications to profitable legal situations occur, or when because of those events some economic activities encouraged by the Legislator become, without good cause, more costly to accomplish. With the desire of developing the issue at hand, we will explore the Spanish experience, as well as the national experience, within a peculiar economic integration scenario characterized by taxation volatility, alongside a jurisprudential decision line that showcases tributary changes, and also, taking into account the right to equality for those who bear acquired rights and have legitimate expectations. Finally, we will analyze legal stability contracts as a reaction of the Legislator to persistent shifts in taxation. This writings arise from the same research line in constitutional justice and society issues, developed by the Public Law Study Group of the Faculty of Legal Sciences of the Pontificia Universidad Javeriana.
Keywords : Legitimate confidence; legal security; legislative omission; legal stability contracts; liability of the Legislating State; taxation law principles; acquired rights; protected expectations; protection of the foreign investment.