Ley 2080 de 2021 y la constitucionalización del derecho administrativo en Colombia.

Abstract

As of the Second World War, the States determined the incorporation in the legal systems of the concept of Human Rights, as their own faculties and inherent to people by their mere condition as such. To this extent, the nations organized themselves and within their nuclei supranational instruments were issued that contain the catalog of rights that each particular niche is willing to incorporate, with a general one in which most of the States participate, such as the Declaration Universal of Human Rights. In America, the American Convention on Human Rights was adopted, Colombia has ratified the two international treaties mentioned and, starting with the 1991 Constitution, incorporated them into the internal legal system. Just as Colombia adapted its regulations to the Rights recognized by the international community, and within the legal system granted them a preferential character and source of interpretation and application of the norms, this has been the common effect in the majority of the States party to the mentioned treaties, which through their constitutions have recognized and internalized the concepts of Human Rights and have had them as guiding principles of the administration operation.

In this way, within the regulatory systems of each State, the Political Constitution, being the navigation chart of all institutions and the administration of justice, is the one that contains the principles that govern it and the goals it pursues. To this extent, the other regulations of the legal system are adapted to the constitutional text, either through judicial decisions or legislative developments to adhere to the ordering principles, this is what is known as constitutionalization of Law. Administrative Law and Contentious Administrative Law are not alien to this process of constitutionalization, in which they intervene in an important way, since they regulate the actions of the administration and the way in which judicial processes are carried out with a view to controlling said actions. In Colombia, the process of constitutionalization of administrative law began with the issuance of Law 1437 of 2011, Code of Administrative Procedure and Administrative Litigation, after a judicious process of analysis of the normative needs in which the government, the academy and members of the jurisdiction itself. This report aims to compile the main elements in relation to the progress of the aforementioned constitutionalization process, especially to evaluate what was contributed with the issuance of Law 2080 of 2021, which arises in the midst of the health emergency due to Covid 19, although its procedure had already been completed. initiated previously, given the changing circumstances, it was also necessary to make adjustments so that the Administrative Law and Administrative Litigation would be more close to the inhabitants, in the middle of the situation. In addition to what was learned during the completion of the Diploma, deepening was carried out mainly in what has to do with the concept of constitutionalization and its antecedents, since the analysis of the norm, being of a recent nature, is based mainly on the study personnel made to the modifications brought by the Law.