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Revista Derecho del Estado
Print version ISSN 0122-9893
Abstract
SANCHEZ-ZAPATA, DIANA CAROLINA and VERGARA-MESA, HERNÁN DARÍO. Unilateralism of Administrative Acts in Colombia Based on the Principle of Participation in Administrative Procedures. Rev. Derecho Estado [online]. 2022, n.51, pp.227-259. Epub June 05, 2022. ISSN 0122-9893. https://doi.org/10.18601/01229893.n51.08.
This article analyses the impact of the constitutional principle of participation in the formation and structure of administrative decisions, based on a study of unilateralism, as a traditionally declared attribute of the administrative acts. Due to the importance of the principle of participation in the Colombian legal system and under the formula of a Social and Democratic State governed by the rule of law, two scenarios of the administrative activity were selected: the granting of environmental licenses and collective bargaining of public employees. In order to determine, applying an inductive method, the way in which participation allows to question the features of the traditional theory of the administrative act, and recognizing nuances that make their typical attributes more flexible.
Keywords : Administrative act; unilateralism; participation; administrative procedure; environmental licenses; collective bargaining of public employees.