Transformaciones y evolución de las fuentes del derecho administrativo colombiano a partir de los tratados de integración Thesis

short description

  • Master's thesis

Thesis author

  • Arias Ceballos, Mildred

abstract

  • This thesis research work product will pose on the basis of an internal administrative law created to address the issues raised within the state in line with constitutional principles, taking into account article 4 which states the supremacy of the Constitution and Article 9, 93, 94 and 224 to 227 orders for the development of international integration within the Latin American and Caribbean countries, so there is the urgent need to harmonize the law with the legal integration national and especially administrative law who must recepcionar the order mentioned supra, altering the traditional conceptions of the sources of this law.Therefore, from the perspective of administrative law understood as a statutory law governing relations between the state and individuals in which prevails the principle of legality of administrative acts, one can sense which constitutes a legal problem impacts derived from integration agreements, where we ask each other categories of existing sources of administrative law are adequate to address the reception of these provisionsSo to explore the impact on administrative law at the time of receiving the right to integration with particular emphasis on the Andean Community, we identified that one of the most distinctive features of the Andean legal system, as other integration schemes coming discussed the concept of supranationalism. In contemporary legal theory to understand this term brings a brand new concept that is both respectful of the internal sovereignty of the Member States, which allows the emergence of new common entity where it is possible the division of powers in the regulation of certain areas between multilateral and national authorities, while retaining its own autonomy.This concept has allowed the Andean Community law, similar to what happens in the domestic law of States, there is a control system of legal norms guaranteed by a contentious-administrative jurisdiction exercised by the Court of Justice Andean Community. Which ultimately affects domestic administrative law to separate jurisdictions are facing, as are the law of integration, which are produced, implemented and enforced rules under rules adopted for that purpose by the Member States that depend on the context of the integration and harmonization with internal norms.Therefore, in the end result of this thesis confirms the emergence of new sources of law, where consideration will not only law and jurisprudence, the latter positioned with the passing of time because of its relevance, as we can contrast with the issue of the New Code of Administrative Procedure (L.1437/11) that has not yet entered into force, where it highlights the importance of Judicial Precedent from Case unification of the State Council. But beyond this new legislative recognition, the system font set is altered in its hierarchy with the right opportunity that comes with integration treaties, which still is not reflected in this new Code, which does not provide application of new sources of law.

publication date

  • May 2, 2012 12:23 PM

keywords

  • Administrative law
  • CAN
  • Integration agreements
  • Right to integration
  • Sovereignty
  • The sources

Document Id

  • 35a5583b-cd18-4821-8e9f-daf447d2d2c7