Retos y Perspectivas del Procedimiento Disciplinario en Colombia

Abstract

The General Disciplinary Code was the result of the Colombian State seeking a procedure to prevent and promote the good progress of public management with the guarantee of compliance with the fines and functions of Administrative Law. This is why, to combat corruption, the General Disciplinary Code is promulgated, reformed in 2021 through Law 2094, highlighting its preventive rather than sanctioning approach. The implementation of this law requires a reorganization of state entities, adapting to their particularities in resources and personnel to guarantee the due process stipulated therein, which will be a great challenge. It is essential to establish the importance of internal disciplinary control offices, which must be directed by legal professionals, who will have the duty to train other public servants on the division of roles to avoid nullities and vulnerabilities to the principle of impartiality, which should consider. The integration of information technologies will allow us to speed up disciplinary processes, aligning with modern demands for effectiveness and efficiency. However, it is crucial to budgetarily strengthen state entities to fully implement the provisions of Law 2094 of 2021, since many lack the necessary resources.