Efectos del fenómeno de la suspensión provisional en actos administrativos en vía gubernativa : caso concreto Decreto 3366 de 2003

Abstract

“It starts from the understanding of the administrative act as any expression of will to produce legal effects, which is issued in exercise of administrative function, by any state organ. The State Council, the highest authority in administrative matters and statements concerning the declaration of invalidity of an administrative act, or temporary suspension thereof, and generally occurs in regard to the principle of legal certainty to the future effects this, however, traditional approaches regarding the retroactive effect of invalidity. In this regard, case law has shaped national sui generis effects in terms of the declaration of nullity of administrative acts, while preserving and generally administrative situations and consolidated firm created from the general measure, which after use by the administrative operator, has lost its validity, or the same has been suspended by court order. The thrust of this paper is to study what the administration's position at different times of the ongoing proceedings of administrative remedies when they were provisionally suspended some articles of the Regulatory Decree 3366 of 2003.