In order to elucidate whether the institutions created on the occasion of the administrative reform of Law 1444 of 2011 (by means of which some Ministries are divided, precise extraordinary powers are granted to the President of the Republic to modify the structure of the Public Administration and the staff of the Office of the Attorney General of the Nation and other provisions are issued) with the denomination of agencies correspond to the institutional framework required to carry out the transition from the interventionist State to the regulatory State in Colombia? As there is not enough bibliography in Colombia to be able to give a direct answer to this question, it is justified to carry out the present investigation, in order to determine if the adaptation that the Colombian legal system has been given with the recently created agencies adjusts to the institutional requirements to move towards the Regulatory State model. To achieve this objective, it is necessary to previously know the characteristics that identify the Regulatory State model and study the origin of the agencies, their characteristics and functional organization. This will then allow us to be able to establish comparisons with the Colombian model and determine if the regulations are adequate for its operation. To achieve this objective, the method used will be the deductive one, so that the conclusions will be a necessary consequence of the comparison with the major premise (characteristics of the agencies as functional organizational structures to the implementation of the State regulatory model), of the premise minor (legal regime of entities created with the nature of agencies in Colombia), to establish whether in Colombian law the agencies are functional to the transition from the interventionist to the regulatory model. When approaching the institutional design of the entities created as agencies in Colombia, the legislator, often extraordinary, because the vast majority of them were created by decrees issued based on the granting of extraordinary powers to the executive, gave them the character of administrative units special or decentralized entities of a special nature. In this way, since these typologies are considered as part of the decentralized sector of the executive branch of the national order, the hypothesis of this research is that there is a high probability that these figures do not respond to the expected design for an entity that is in charge of exercise regulatory function in a regulatory state model. The methodology for the development of the research will consist of the documentary review of the national and foreign doctrine and the internal regulations and the analysis of the functionality of the agencies to the regulatory model by applying a matrix of ten variables constructed from the characterization of such institutions. Taking into account the above context, the work is divided into three chapters: the first chapter studies the metamorphosis of the transformation of the modern state, from its liberal origins, through interventionism to the regulatory state. Then, in chapter two, this same transformation will be explained in the Colombian case with special emphasis on three important periods: that of liberal hegemony (1930-1946), the time when the constitutional reform was carried out in which the interventionist State was consolidated. Then the historical aspects that influenced the decline of the interventionist State will be described and, to end this chapter, reference will be made to the 1991 Constitution and its transition to the regulatory State, exposing the way in which its institutional design has been adjusted to this. . Finally, in Chapter 3 a matrix of characterization of the agencies as independent administrative authorities is defined and it is applied to the legal regime of the fourteen entities created with that nature in the Colombian public administration, in order to establish whether such entities correspond to the institutional framework required for the implementation of the regulatory State.
October 5, 2020 4:24 AM
Characterization of the regulatory state in Colombia