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Estudios Socio-Jurídicos
Print version ISSN 0124-0579
Abstract
RUBIO JACOME, VÍCTOR ALBERTO; PABON GIRALDO, LILIANA DAMARIS and YANEZ MEZA, DIEGO ARMANDO. Utility and Legal Mutations of the Special Administrative Procedure on Case Law Extension of the Council of State to Third Parties by Colombian Authorities from July 4th, 1991 to December 31st, 2013: Over Two Decades of Case Law Study. Estud. Socio-Juríd [online]. 2023, vol.25, n.1, e05. Epub Oct 10, 2023. ISSN 0124-0579. https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.12174.
In Colombia, the creation of the special administrative procedure on case law extension of the Council of State to third parties by the authorities has set the landmark for effective administrative protection because the public administrations are also responsible for protecting and guaranteeing rights based on the enforcement of the law. In this procedure, the existence of a type of special ruling is necessary: the unification of case law issued by the Council of State. Moreover, after almost ten years since its design and application, it is relevant to describe the main mutations incorporated by the law and case law through different rulings before some sub-rules in the law's reform of 2021 and many others, aiming to the achievement of the utility under a structural parameter in terms of preserving its competence over the decision of case law extension in the public administration field on the procedural design. In that sense, the current research aims to present the utility of the legal procedure in its enforceable moments from July 4th, 1991 (the effective date of the Colombian Constitution of 1991) going through July 1st, 2012 (the effective date of the Act 1437 of 2011) until December 31st, 2013 to characterize the most relevant mutations of the administrative procedure from its critical aspects and possible proposals to enact future law reforms in this field.
Keywords : Special administrative procedure on case law extension of the Council of State to third parties by the authorities; unification of case law; public administration; Council of State.
