Los problemas de la conciliación en lo contencioso-administrativo: presentación de un abordaje general y desde el ámbito funcional de los comités de conciliación del Sector de Movilidad del Distrito Capital Thesis

short description

  • Master's thesis

Thesis author

  • Pedraza, Hernán Darío

abstract

  • Conciliation in contentious-administrative matters has been conceived as a tool for resolving conflicts of an economic nature between the State and citizens, in which the participants are called upon to play an important role in the administration of justice and, therefore, in the decongestion of judicial offices. One of those participants is the conciliation committees, as they are responsible in public entities to assess the origin of an agreement and formulate the relevant anti-jury damage prevention policies. Certainly, the way in which they perform these functions has an impact on the effectiveness of public legal management, which makes it necessary to study not only the problems of conciliation, but also those that have the institutional bodies that are responsible for their application, proposing actions that strengthen the protection of the state heritage and guarantee the rights of citizens, using what the doctrine has sustained in the matter and a field analysis to comprehensively address the problem. In this investigation it was concluded that the efforts must concentrate mainly on the strengthening of the policies for the prevention of unlawful damage, since the preliminary ruling is impractical as a procedural requirement to go to the jurisdiction. This implies changes in the organizational structure of the entities and the adoption of measures that promote a more adequate use of resources, especially given the existence of a model that currently governs public planning and management.

publication date

  • February 9, 2020 4:37 AM

keywords

  • Alternative Dispute Resolution (ADR)
  • Conciliation committees
  • Contentious-administrative conciliation
  • Mobility Sector of Bogotá Colombia

Document Id

  • 91593550-586e-42b5-a41d-4b589a4716e7