Abstract

BENAVIDES, José Luis  and  OSPINA GARZON, Andrés Fernando. The function of the administrative appeals. Rev. Derecho Estado [online]. 2012, n.29, pp.73-105. ISSN 0122-9893.

During the preparation of the new Colombian Code of administrative procedure and judicial review of administrative action, it was considered the idea of suppressing the previous administrative appeal requirement ("vía gubernativa"). This suppression would not only turn out useless in practice, but contrary to its purpose, it would also restrain access to the administrative judiciary. With slight arguments, the former system of administrative procedure was almost unaltered. Why cannot administrative bodies be sued directly? The origins of the "vía gubernativa" allow determining the functions originally ascribed to the system. This does not mean that administrative actions have not acquired, with time, different functions that would justify their endurance, such as the consolidation of the administrative decision, the protection of individuals' rights and the need for judicial celerity.

Keywords : Vía gubernativa; administrative actions; public prerogatives; administrative self-tutelage; administrative procedure; individuals' rights; access to administrative justice; judicial mobbing; judicial celerity.

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