La extensión de jurisprudencia ante la administración: ¿De mecanismo de descongestión a trámite sin aplicación? Thesis

short description

  • Master's thesis

Thesis author

  • Pinedo Celis , Nelson Enrique

abstract

  • The purpose of this paper is to make a diagnosis of the original objective of the legal figure of the extension of case law in administrative proceedings; to this end, by way of context, it sets out the sources of law and, in particular, case law, as well as the genesis of the concept and the guiding principles with which the judicial need for the incorporation of the figure in the Colombian legal system from Law 1437 of 2011 and its amendment by Law 2080 of 2021 is set out. Next, the advantages and disadvantages of the aforementioned tool are presented in relation to the relationship between citizens and the administration, in a balanced way, in order to identify the benefits offered from its issuance. Likewise, the different experiences of entities subject to the administrative norm with the capacity for the configuration, creation or denial of the rights of the administered on which the figure of extension of the jurisprudence could be applied are studied and, in this way, demonstrate if in the applicability of the figure there are barriers in the implementation.

publication date

  • July 11, 2023 4:12 PM

keywords

  • Administrative function
  • Council of State
  • Extension of Jurisprudence
  • Judicial precedent
  • Jurisprudence
  • Obedience to Judicial Precedent
  • Unification judgment

Document Id

  • c7b5efbc-97d6-4061-8ad9-1cb8b66699f9