Abstract

MONDRAGON-DUARTE, Sergio Luis. Disciplinary administrative law and its judicial control from a public function perspective. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2020, vol.50, n.132, pp.100-122.  Epub Mar 03, 2021. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v50n132.a05.

Disciplinary law constitutes a part of the public structure inherent to every state organization, regardless of its nature, in order to monitor and control the conduct of public servants in accordance to the guiding principles contained in the respective current legislation, to allow the fulfillment of the purposes and interests of the State. In that sense, given the autonomous and independent nature of this right, it is worth pointing out the pillars that support it, such as the State's ius puniendi, the principle of substantial illicitly and the special subjection relationship that exists between certain agents with the State.

Likewise, considering that the disciplinary rulings issued by the control bodies, such as the Procuraduría General de la Nación (Attorney General's Office), are adopted within the framework of the breach or perturbation of a functional duty in the exercise of the state activity by public servants or particulars who perform public functions, it is due to examine the complete and integral control of legality that the jurisdiction for administrative proceedings applies to them, given the essence that configures these decisions as administrative acts, to determine if it is necessary to provide them with a special treatment in the Colombian legal system.

Keywords : Disciplinary law; judicial control; public function; administrative activity, administrative act.

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