Coadministración disciplinaria : un nuevo poder del juez contencioso administrativo

Abstract

In Colombia the disciplinary authority lies with the Procuraduría General de la Nación and the entities to which such jurisdiction has been delegated. The administrative acts issued by these entities are subject to full judicial control of the administrative contentious jurisdiction, given the evolution of jurisprudence on the matter.

The relative intangibility and special deference is part of the power that both the sanctioning operator and the administrative judge have, each one carries out his procedure and the operations are finished by means of a ruling, however, the Consejo de Estado has established that the administrative acts are ‘cosa decidida’ and the judicial decisions are ‘res judicata’, therefore, the acts of the administration are subject to full and comprehensive control, according to its judicial precedent.

The ruling of the Consejo de Estado in cases as of Víctor Virgilio Valle and Alonso Salazar, determined that there was a violation of due process and as a result of this, the behaviors and sanctions imposed were adapted, which is why, this research interprets these actions as co-administrations of the disciplinary authority. The same happens when the administrative acts were declared null and void in the cases of Piedad Córdoba and Gustavo Petro, as a consequence of a new interpretation and evidentiary evaluation.